LEGAL PRINCIPLE: CRIMINAL LAW – Defence of Alibi – Duty of Accused and Prosecution
PRINCIPLE STATEMENT
Where an alibi is set up by an accused, the onus of establishing guilt is still on the prosecution, but the evidential burden is on the accused to adduce some evidence of where he was. The alibi should be set up at the earliest possible moment with details to prevent a worthless investigation.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Onyegbu v. State (1995) NLC-1831993(SC) at pp. 9–10; Paras A–D.
"It is well settled by the decisions of this court and the courts of other common law countries that where an alibi is set up by an accused, the onus of establishing his guilt is still on the prosecution but the evidential or secondary burden is on the accused to adduce some evidence of where he was at the material time. The defence of an alibi ought to be set up at the earliest possible moment and ought to include a statement where the accused was at the time charged and with whom he also was. … It is necessary to give the police details of his movements at the earliest possible time to prevent the possibility of the police engaging in a worthless exercise of investigating a bottomless defence."
EXPLANATION / SCOPE
The accused bears the evidential burden to raise alibi with particulars. The prosecution retains the legal burden. The alibi must be raised early with details. The principle applies to criminal trials. The police need not investigate vague alibis. The rule balances the parties’ obligations. The accused must provide sufficient information.