LEGAL PRINCIPLE: CRIMINAL LAW — Defence — Alibi — Sufficiency of Particulars Required to Put Police on Inquiry
PRINCIPLE STATEMENT
The accused has the onus to disclose alibi facts with necessary details and particulars at the earliest opportunity to put the burden on the police to check on them; if he does not, the police cannot be expected to go on a wild goose chase.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Akpan v. State (2002) NLC-2092000(SC) at p. 6; Paras B–E.
"Alibi is a radical defence and simply means an accused was somewhere else at the time of the commission of an offence and could not possibly be at the scene to partake in it. The facts of the alibi are peculiarly within the appellant's knowledge and such witnesses as may be available. He has the onus therefore to disclose such facts with necessary details and particulars at the earliest opportunity so as to put the burden on the police to check on them and deal with them with some finality. If he does not, as in this case, the police cannot be expected to go on a wild goose chase."
EXPLANATION / SCOPE
An alibi defence must be raised with specific details: where the accused was, with whom, and at what time. The accused bears the evidential burden of providing sufficient particulars. The police are not required to investigate vague or unsubstantiated alibis. The principle prevents accused persons from raising unverifiable alibis. The accused must disclose the alibi at the earliest opportunity. The rule applies to both pre-trial statements and trial testimony. The court may disregard a vague alibi. The police cannot be expected to go on a “wild goose chase.” The accused must provide enough information for verification.