the prosecution to disprove the alibi. See OGOAlJ:'
NWLR (pt 175)
v. STATE
(1991) 2
sog_In IBRAHIM V. STATE (1991) 4 NWLR (pt 186) 399
at 415 Belgore J. S.C (as he then was) stated the law as it appertains to
r
alibi :
"When an accused person raises the defence of alibi in
his statement to the police/ it must be investigated.
The burden of disproving the altbi is immediately on
the prosecution/ once the accused has indicated-that at
the materi{ll period of the crime/ he was not the one
that committed the crime because he was somewhere
other than the "locus deficit /~ Then it is incumbent on
the prosecution to rebut by investigating the altbi and
failure to investigate may be fatal to the prosecution/~
nd
There is no evidence that the alibi set up by the 2
defendant was
investigated by the police . The prosecution rather relied on the
subsequent alleged confessional statement made by the defendants the
circumstance of wh ich they were made remain doubtful.
nd
A look at Exhibit J3 made by the 2
defendant on 10/2/2015,
nd
which is the same day the alleged confessional statement of the 2
defendant was allegedly made at SARS Onitsha , shows that Exhibit J3
was signed by the defendant by writing his name thereon while in
nd
Exhibit H allegedly made by the same 2
defendant shows that it was
I'
I
signed and dated differently creating doubt in the mind of this court as
to whether the 2nd defendant made the alleged confessional statement.
Apart from
the above finding
nd
confessional statements of the 2
with
respect to the alleged
defendant, as ca n be seen also in the
14