LEGAL PRINCIPLE: CRIMINAL LAW – Defence of Alibi – Police Have a Duty to Investigate Once Raised
PRINCIPLE STATEMENT
Once an accused puts up a defence of alibi, it is imperative that the police investigate it. Failure to do so could raise reasonable doubt and lead to quashing the conviction.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Onuchukwu v. The State (1998) NLC-1041996(SC) at p. 13; Paras D–E.
"Once an accused puts up a defence of alibi it is imperative that the defence must be investigated… Once a defence of alibi is put up it is for the police to investigate it properly because failure to do so could raise reasonable doubt in the mind of the tribunal and lead to quashing the conviction."
EXPLANATION / SCOPE
The police have a duty to investigate a properly raised alibi. Failure to investigate may create reasonable doubt. The principle applies to criminal trials. The accused must raise alibi timeously with sufficient particulars. The prosecution must disprove the alibi beyond reasonable doubt. Non-investigation does not automatically lead to acquittal if the prosecution’s evidence is overwhelming. The rule protects the accused’s right to a fair trial. The court will consider the effect of non-investigation. The principle promotes thorough police work.