LEGAL PRINCIPLE: CRIMINAL LAW – Defence of Alibi – Burden of Disproving Alibi
PRINCIPLE STATEMENT
On a plea of alibi, the court should not disregard the evidence unless there is stronger evidence against it. The onus of disproving alibi rests on the prosecution.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Adele v. State (1995) NLC-411994(SC) at p. 26; Paras A–B.
"On a plea of alibi, the law is that the court should not disregard the evidence unless there is stronger evidence against it and where a defendant sets up a defence of alibi, the onus of disproving it rests on the prosecution."
EXPLANATION / SCOPE
The prosecution bears the burden to disprove an alibi. The accused does not need to prove the alibi. The court must consider the alibi alongside other evidence. Stronger evidence against the accused may overcome the alibi. The principle applies to all criminal trials. The police have a duty to investigate a properly raised alibi. Failure to investigate may weaken the prosecution’s case. The court will give the accused the benefit of doubt if the alibi is not disproved. The rule protects the accused’s right to fair hearing.