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that the defendant was elsewhere when the alleged offence occurred, see the
case of OZAKI v THE STATE (1990) 1 NWLR part 124 page 92, by the words of
the defendant, his alibi was with his girl friend - my question is where was it in
the bush track along with the elusive brother and the said Chiamaka his girl
friend? This is no alibi for the Police ·to investigate. By the Supreme Court
decision of OZAKI v THE STATE (Supra) he is to give the police such particulars
and a look at Exhibit E does not state where he was . He merely says he was
coming out with his girl friend -and "co-i ncidentally" met with his brother.
C
I hold that I have not been convinced with the evidence adduced by the
defence as all the facts and circumstances of this matter point to the
defendant as knowing more than he has adm itted in this matter. I am not
convinced that he is telling the truth as I do not see how one will know that his
-
Thi s is th e Ju dg me nt de li ve red by Hon. Ju stice D.A. Onyefu lu on 24/7/ 201 8
Page 11