OBIODE AND ORS. V. THE STATE

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OBIODE AND ORS. V. THE STATE

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execution debtors against whom writ of execution had issued, the writ binding

the goods upon its delivery to the sheriff, although, by reason of the goods not

having been seized, the buyer had no means of knowing it. The present statute

substitutes 'actual seizure of the goods for delivery of the writ to the sheriff, as

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that which is to bind the goods as against purchasers

bona fide

and for valuable

consideration" but as no such fiction as constructive seizure was resorted to

before the Act, the word 'actual' is of no peculiar force, and 'actual seizure'

means on more than 'seizure.'

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The effect of this here, in our view, is that the emphasis is that the threat, as

seen by the threatened person, is not an empty threat, but a threat really to use vi-

olence on him and if in the circumstances a reasonable man, looking at what was

happening would have thought that violence might follow so that he handed over

his goods as a result, then the offence of robbery is made out.

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In our view therefore the learned trial Judge was right to come to the conclu-

sion that there was a threat of actual violence when he found that the 2nd accused

threatened the 1st P.W. as a result of which he handed over the money so that the

offence of robbery was made out. The appeal is accordingly dismissed.

Appeal dismissed.

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OBIODE AND ORS. V. THE STATE

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OKPUTU OBIODE AND ORS.

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APPELLANTS

V

THE STATE

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RESPONDENT

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SUIT NO. SC 234/1969

SUPREME COURT OF NIGERIA

COKER,

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J.S.C.

LEWIS,

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J.S.C.

FATAI-WILLIAMS, J.S.C.

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20th February, 1970.

Criminal Law - Onus on prosecution to prove case beyond reasonable doubt -

Defence - Alibi - Standard of proof required to establish defence of alibi -

Based on balance of probabilities

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Evidence - Whether trial Judge may accept part of testimony of witness and

reject the rest.

ISSUES:

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1. What is the standard of proof required to establish the defence of alibi?

2. Can a trial Judge accept part o'' the testimony of a witness and reject the rest?

FACTS:

Ten persons were charged with offences containing two counts of burglary,

ten counts of arson and six counts of stealing. The trial Judge after considering

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the evidence against each accused person in respect of each count and their re-

spective testimonies in defence, discharged the 5th, 7th and 10th accused per-

sons. The Judge indicated that he was not satisfied with the defences of alibi put

forward by the other seven accused people and they were convicted.