he succeeded in creating reasonable doubt. In his defence, the defendant as D.W.1 testified that on the 6th day of March , 2013 he was at Emeka Ofer plaza where he was working when one of his customers called him on phone and said that if he completes the installation of applications in his laptop, he should bring it inside the market. He packed it and took it to him at the Building Materials Market, Ogbunike. On his way back he stopped at the bus stop waiting for vehicle or commercial motor cycle . He flagged a commercial motor-:C:yclist and was negotiating the price with him when he heard a gun shot. People started running and the commercial motor-cyclist he was negotiating with left him and took off. He started walking down the road when a vehicle stopped in front of him. Policemen jumped from the vehicle and arrested him . He was taken to Ogidi Police Station where he was tortured in the bid to force him to say the truth. A boy was brought to identify him but he said that the pe.rson he saw has three marks at his face . He denied making any statement to the police station . The witness claimed that the police officers brought a document for him to sign but he refused to sign it. When they could not force him to sign the document after torturing him, th~y he held his hand and signed it. When he was cross examined, he maintained that he did not commit any offence at the said bank. The D.W.2 Chijioke lgboamalu claimed to be one of the customers of the defendant. In his evidence he supported the evidence of the defendant as the D.W.f. that on the fateful day, he was at Emeka Offor Plaza when he brought memory card for him to download music for the witness. He supported his evidence when he claimed that when he came to collect the memory card, he was in the defendant's shop when one of his customers called him on phone. After answering the phon~, the defendant told him to wait for him that he has to deliver a laptop at the Building Materials Market, Ogidi. The defendant left ·and he waited for him but he could not come back and that was the last time he saw him before seeing him in Court. From the evidence of the defendant and his witness, it is clear that he raised the defence of alibi in his testimony before the Court as rightly submitted by the learned counsel for the prosecution in his final written address. The essence of defence of alibi is that the defendant was not present at the scene when the crime was committed and so could not have been amongst the persons who committed the offence. Where a defendant who was not apprehended at the scene of crime raised the defence of alibi and the defence was not investigated by the police, it will . cast 22