LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Defences — Alibi — Prosecution Bears Onus to Disprove Alibi
PRINCIPLE STATEMENT
It is well settled that it is not for an accused person to prove his alibi; it is only for him to bring it forward, but it is for the prosecution to lead credible evidence to disprove it.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Aiguobaruoghian & Anor v. State (2004) NLC-2942002(SC) at p. 25; Paras A–B.
"It is well settled that it is not for an accused person to prove his alibi; it is only for him to bring it forward but it is for the prosecution to lead credible evidence to disprove it."
EXPLANATION / SCOPE
The burden of disproving an alibi never shifts to the accused. The accused need only raise the alibi by providing sufficient details; the prosecution must then lead credible evidence that places the accused at the scene or otherwise falsifies the alibi. This serves preserving the presumption of innocence and the prosecution’s ultimate burden of proof. The court cannot require the accused to prove alibi through witnesses or documentation; failure of the prosecution to disprove alibi, even if uninvestigated, entitles the accused to benefit of doubt.