RATIO DECIDENDI
1. CRIMINAL LAW AND PROCEDURE - ALIBI: Whether every failure of the Police to investigate an alibi
raised by an accused person is fatal to the case of the prosecution
"It is settled principle of law that it is not every failure of the Police to investigate an alibi raised by an
accused person that is fatal to the case of the prosecution. See PATRICK NJOVENS 8r. ORS V. THE STATE
(1975) 5 S.C page 12 at 47 where the Supreme Court held "There is nothing extraordinary or exoteric in
a plea of alibi. Such a plea postulates that the accused person could not have been at the scene of crime
and only inferentially that he was not there. Even if it is the duty of the prosecution to check on a
statement of alibi by an accused person and disprove the alibi or attempt to do so, there is inflexible and
for invariable way of doing this. If the prosecution adduces sufficient and acceptable evidence to fix the
person at the scene of crime at the material time, surely his alibi is thereby logically and physically
demolished." Per FASANMI, J.C.A. (P. 23, paras. C-G) (...read in context)
2. CRIMINAL LAW AND PROCEDURE - CHARGE OF MURDER: Ingredients that must be proved by
prosecutor to secure a conviction on a charge of murder
"From plethora of judicial authorities, it is now well settled that to secure a conviction on a charge of
murder, the prosecution must prove (1) That the deceased had died (2) That the death of the deceased
had resulted from the act of the Appellant and (3) That the act or omission of the accused which caused
the death of the deceased was intentional with the full knowledge that death or grievous bodily harm
was its probable consequences. See the cases of ONAH V. THE STATE (1985) 2 N.S.C.C 361 at 1369 per
Oputa J.S.C., NWAEZE V. THE STATE (1996) 2 N.W.L.R part 428 at page 1, YAKI V. THE STATE(2008) All
F.W.L.R page 618 at 632 paras B-D. These three ingredients must co-exist and where one of them is
absent or tainted with some doubt, the charge cannot be said to have been proved. See OBUDU V. THE
STATE (19991) 6 N.W.LR part 198 at 433 and OGBA V. THE STATE (1992) 2 N.W.L.R part 222 at 164." Per
FASANMI, J.C.A. (Pp. 14-15, paras. G-D) (...read in context)
3. CRIMINAL LAW AND PROCEDURE - CONTRADICTION IN WITNESS EVIDENCE: Whether a court of law is
enjoined to consider the total package of the defence and not to go to the minutest details