LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — Destruction of Alibi by Unequivocal Evidence Placing Accused at Locus in Quo
PRINCIPLE STATEMENT
Where an accused person is unequivocally pinned to the locus in quo as one committing the offence, the defence of alibi no more avails the accused. The defence that he was elsewhere is destroyed by unequivocal evidence tying him to the locus in quo.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Sowemimo & Anor v. State (2004) NLC-452002(SC) at pp. 14–15; Paras E–A.
"It is elementary law that where an accused person is unequivocally pinned to the locus inquo as one committing the offence, the defence of alibi no more avails the accused. This is because the defence by the accused that he was elsewhere at the material time the offence was committed is destroyed by the unequivocal evidence of witness or witnesses tying him to the locus inquo as one who committed the offence."
EXPLANATION / SCOPE
Alibi defence fails when unequivocal evidence places the accused at the crime scene. Positive identification destroys the claim of being elsewhere. The principle applies to criminal law defences. The rule prevents alibi from prevailing over direct eyewitness testimony. The court accepts credible evidence tying accused to the scene. Alibi cannot coexist with credible identification evidence.
