LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Burden of Proof
PRINCIPLE STATEMENT
Once the accused has reasonably and sufficiently furnished information of his whereabouts on the date of the offence alleged, the burden shifts on the prosecution to disprove the defence of alibi sought to be raised by the accused.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Ebre & Ors v. State (2001) NLC-591999(SC) at p. 12; Paras D–E.
"Once the accused has reasonably and sufficiently furnished information of his whereabouts on the date of the offence alleged, the burden shifts on the prosecution to disprove the defence of alibi sought to be raised by the accused."
EXPLANATION / SCOPE
Once the accused raises a reasonable and sufficiently particularised alibi, the evidential burden shifts to the prosecution to disprove it. The legal burden of proof beyond reasonable doubt remains on the prosecution throughout. The prosecution must adduce evidence showing the accused could not have been elsewhere or that the alibi is false. Failure to disprove the alibi creates reasonable doubt, entitling the accused to acquittal. The alibi must be raised timeously and with sufficient detail to enable investigation. The principle ensures that the prosecution cannot ignore a credible alibi. The accused does not need to prove the alibi—only raise it sufficiently. The prosecution bears the burden of disproof.