NTAM & ANOR V. THE STATE

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NTAM & ANOR V. THE STATE

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NTAM & ANOR V. THE STATE

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HEMYO NTAM & ANOTHER

V

10 THE STATE

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

COKER,

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J.S.C.

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LEWIS,

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J.S.C.

11th January, 1967

APPELLANTS

RESPONDENTS

SUIT NO. SC 632/66

Criminal Law and Procedure - Culpable homicide punishable with death -

Accused setting up an alibi - Failure by police to check whether true or

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false-effect - Accused giving evidence on oath merely "adopting" statement

made to police - Desirability of accused giving evidence in form of narrative.

ISSUES:

1.

Whether failure of police to check the reliability of an alibi would be reason to

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set a conviction aside.

2.

Whether it is proper for an accused to adopt his statement to the police as his

examination in chief.

FACTS:

The two appellants were convicted in the High Court of culpable homicide pun-

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ishable with death. The case against them rested on the evidence of three wit-

nesses who had identified them in an identification parade. The witnesses had

alleged that they actually saw the appellants in a crowd pressing the deceased

down on the ground in the course of the attack. The appellants set up an alibi in

their defence. The police officer who took their statements admitted under cross-

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examination that he did not check the alibi to see whether it was true or false. On

appeal it was urged for the appellants that the failure of the police officer to inves-

tigate the alibi rendered the verdict unsupportable as justice had not been done to

the appellants.

During the trial, the appellants whilst giving evidence on oath in their own

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defence merely stated that they "adopted" the contents of their statement to the

police. They did not tell their side of the story in narrative form.

HELD:

1.

Although there are occasions on which a failure to check an alibi may cast

doubt on the reliability of the case for the prosecution, in a case however such

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as this where the appellants were identified by three eye-witnesses, there was

a straight issue of credibility, and the Appeal Court was unable to say that the

Judge's findings of fact were unreasonable or cannot be supported having

regard to the evidence.

2.

Moreover, if the alibis had been true it would have been open to the appellants

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to call witnesses in support of them, and neither of them did so.

PER CURIAM:

1. Following

Rex v. Alli & Anor,

the procedure whereby the accused whilst giving

evidence on oath at his trial, instead of telling his story in detail in

examination-in-chief, merely says he is adopting his statement to the police