LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Defences — Alibi — Duty of Police to Investigate Defence of Alibi
PRINCIPLE STATEMENT
When the defence of alibi is raised by the accused, the police have a duty to investigate in order to know the veracity or authenticity of the defence. Where the police fail to investigate the alibi, the trial judge is bound to give the benefit of doubt to the accused, unless there is strong and credible evidence which cancels the alibi.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Aiguobaruoghian & Anor v. State (2004) NLC-2942002(SC) at p. 36; Paras D–E.
"When the defence is raised by the accused, the police have a duty to investigate in order to know the veracity or authenticity of the defence. … Where the police fails to investigate the alibi raised by the accused, the trial Judge is bound to give the benefit of doubt to the accused, unless there is strong and credible evidence or there is positive evidence which cancels the alibi."
EXPLANATION / SCOPE
The police have an affirmative duty to investigate an alibi defence once raised by an accused person. Failure to investigate does not automatically entitle the accused to acquittal, but the trial judge must give the accused the benefit of doubt unless the prosecution presents strong, credible, positive evidence that falsifies the alibi. This serves ensuring that the prosecution discharges its burden of proof responsibly. The court cannot ignore police failure to investigate while still relying on weak evidence to disprove alibi; the prosecution bears the consequences of incomplete investigation.