On the 3rd issue, learned appellants counsel submits that the two lower Courts
are wrong to have relied on exhibit A in situating the appellant at the scene of the
rape. The appellant, it is argued, has maintained that he neither reads nor write in
English language, the language in which exhibit A is recorded. Evidence has not
been led, it is further argued, to show that exhibit A was translated and read to
the appellant in Hausa language that he understands. The appellant, it is argued,
in his evidence in chief did raise the defence timeously. The non consideration of
the plea constitutes a breach of his right under Section 30(6) of the 1999
Constitution. Referring the Court to Garba v State (1999) 11 NWLR (Pt 627) 427 at
439, Adisa v. State (1991) 1 NWLR (Pt 168) 490 at 508 and Onyegbu v State (1995)
4 NWLR (Pt 391) 510, learned appellant's counsel urges that the wrong
concurrent findings of the two Courts on appellant's alibi be set-aside on resolving
the issue in appellant's favour.
On the 3rd issue, learned respondents counsel submits that appellant's defence of
alibi was not investigated because of the insufficient facts he gave the
prosecution. The facts which constitute the plea, it is contended, must be given to
the prosecution to entitle full investigation into the plea. Appellant's plea of non
est factum, learned respondent's counsel contends, does not render exhibit A
inadmissible. It touches on the weight to be attached to it an issue the trial Court
rightly determined at the end of trial. The appellant, argues learned respondent's
counsel, must fail in his purported plea of alibi raised in the course of his evidence
at trial. Relying to Ikemson v. State (1989) 3 NWLR (Pt 110) 455 and Adio v. State
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