Standard
CRIMINAL LAW — Defences — Alibi — When Police Need Not Investigate
Eyisi & Ors v. State (2000) NLC-1601999(SC)
When there is positive evidence of the accused's complicity in the offence, the police need not investigate his alibi.
5473
Principles
53
Areas of Law
26
Years Covered
Standard
CRIMINAL LAW — Defences — Alibi — Duty of Accused to Disclose Particulars
 Eyisi & Ors v. State (2000) NLC-1601999(SC)
The accused must disclose the facts of the alibi with necessary details and particulars at the earliest opportunity to put the burden on the police to…
Standard
CRIMINAL LAW — Defences — Alibi — Duty to Raise at Earliest Opportunity
 Eyisi & Ors v. State (2000) NLC-1601999(SC)
An accused person who wishes to raise alibi must raise it at the earliest opportunity to enable the police to investigate it and must offer evidence.
Standard
CRIMINAL LAW — Defences — Alibi — Meaning and Nature
Eyisi & Ors v. State (2000) NLC-1601999(SC)
Alibi is a radical defence that means the accused was somewhere else at the material time an offence was committed and could not possibly have been…
Standard
APPELLATE PRACTICE — Concurrent Findings of Fact — When Supreme Court Will Interfere
Eyisi & Ors v. State (2000) NLC-1601999(SC)
It is well settled law that the Supreme Court will not usually or generally interfere with the concurrent findings of fact of the Court of Appeal…
Standard
EVIDENCE LAW — Burden of Proof — Confessional Statements — Allegation of Involuntariness — Evidential Burden on Accused
Emeka v. State (2001) NLC-72000(SC)
Where the accused proffers a reason that some evidence should not be admitted due to an irregularity known to him, the burden shifts to him to…
Standard
CRIMINAL PROCEDURE — Trial Within Trial — Procedure — Whether Accused Can Testify in Trial Within Trial
Emeka v. State (2001) NLC-72000(SC)
An accused person who alleges that a confessional statement attributed to him was not voluntary is a competent witness in the trial within a trial; his…
Standard
CRIMINAL PROCEDURE — Trial Within Trial — Procedure — Order of Calling Witnesses — Whether Calling Accused First Renders Trial Within Trial Invalid
Emeka v. State (2001) NLC-72000(SC)
The fact that the appellant was called upon to testify before the prosecution, though irregular, was not prejudicial to the fair trial of the issue and…
Standard
CRIMINAL LAW — Circumstantial Evidence — When Sufficient to Ground Conviction
Emeka v. State (2001) NLC-72000(SC)
Where the appellant was the last person to be seen in the deceased's company and circumstantial evidence is overwhelming and leads to no other conclusion, it…
Standard
CRIMINAL LAW — Common Intention — Joint Enterprise — Liability for Acts of Others
Emeka v. State (2001) NLC-72000(SC)
In a joint enterprise, it does not matter in law who did what; what is important is the common purpose.
Standard
CRIMINAL LAW — Confession — Confession Alone Without Corroboration — Whether Can Support Conviction
Emeka v. State (2001) NLC-72000(SC)
The secrecy with which criminals perpetrate crime has deprived the prosecution of eyewitnesses in some cases; hence confession alone, even without corroboration, can support a conviction…
Standard
CRIMINAL LAW — Confessional Statements — Retracted Confession — Whether Retraction Renders Confession Inadmissible
Emeka v. State (2001) NLC-72000(SC)
The retraction of a confessional statement does not necessarily make the confession inadmissible.