ADIO V. THE STATE

• Pages: 815-826

ADIO V. THE STATE

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815

obtained permission from the plaintiffs before entering on the land. Since they

failed to prove a better right to exclusive possession of the land, their claim against

the defendants must fail.

I

will accordingly dismiss the appeal and further affirm the decision of the trial

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court given on the 2nd of February 1976. I award each set of respondents N300.00.

KARIBI-WHYTE, J.S.C.:

I have had a preview of the judgment just delivered

by my learned brother Uwais, J.S.C. The grounds of appeal against the jurisdiction

raised by appellants had earlier in this court and in this same appeal been

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determined against appellants and dismissed. The surviving grounds of appeal

which are 1,2,5,6,7,8 have been so exhaustively dealt with in the lead judgment of

my learned brother Uwais J.S.C., that I consider it unnecessary to add to his

reasoning and conclusions with which

I

entirely agree. All the grounds of appeal

argued therefore fail and are dismissed.

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I also will dismiss the appeal of the appellants, with N300 as costs to each set

of respondents.

The judgment of the court below and the trial court are hereby confirmed.

KAWU, J.S.C.: I

had a preview of the judgment just delivered by my brother,

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Uwais, J.S.C. For the reasons stated therein I too would dismiss the appeal and

affirm the decision of the Court of Appeal with N300.00 costs to each set of the

respondents.

Appeal dismissed.

ADIO V. THE STATE

KAMORU ABIMI ADIO

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APPELLANT

V

THE STATE

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RESPONDENT

SUIT NO. SC 120/1985

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SUPREME COURT OF NIGERIA

ESO,

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J.S.C.

UWAIS,

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J.S.C.

COKER,

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J.S.C.

KARIBI-WHYTE,

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J.S.C.

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KAWU,

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J.S.C.

13th June, 1986

Criminal Law and Procedure - Alibi - Onus of proof - Defendant's statement to

police adopted by him of trial - Conflicting accounts of defendant's whereabouts

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at relevant time - Defendant's evidential burden not discharged - No duty

on police to investigate alibi - Failure not sufficient to cast doubt on prosecution's

case - Trial - Appropriate forum - Charge of Armed robbery - Jurisdiction

transferred front State High Court to special tribunal - Defendant's plea but

no evidence taken at that date - High Court competent to complete hearing

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-

Robbery and Firearms (Special Provisions) Decree No. 5 of 1984 as amended

by Decree No. 21 of 1984 as amended by Decree No. 21 of 1984.

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Interpretation of Statutes - (Principles) - Retroactive effect - Exclusion of

presumption

against, by clear and unambiguous provision