LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Non-Investigation by Police – Effect
PRINCIPLE STATEMENT
Where an accused discloses an alibi before trial and the police take no available steps to verify or disprove it, the court may hold that the prosecution has failed to prove its case.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Dogo & Ors v. State (2001) NLC-442000(SC) at p. 22; Paras B–C.
"Where an accused has disclosed an alibi before the trial, as in the present case, and the Police has taken no available steps to verify or disprove it, the court may hold that the prosecution had failed to prove its case."
EXPLANATION / SCOPE
When an accused timely discloses an alibi and the police fail to investigate it, the court may infer that the prosecution has failed to prove its case. The police have a duty to investigate a properly raised alibi. Non-investigation may indicate that the alibi could not be disproven or that the prosecution’s case is weak. The court may give the accused the benefit of doubt. The principle encourages the prosecution to actively investigate alibi defences. However, the alibi must be sufficiently detailed to enable investigation. Vague alibis do not trigger this duty. The court retains discretion to evaluate the effect of non-investigation.