LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — Duty to Raise Defence at Earliest Opportunity
PRINCIPLE STATEMENT
Alibi is a defence seeking to persuade the court that the accused could not possibly be at the scene as he was somewhere else where people could testify that at the time of the alleged incident he was not at the scene unless capable of being in two places at once.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Sowemimo & Anor v. State (2004) NLC-452002(SC) at pp. 6–7; Paras D–A.
"The attempt by the 2nd appellant to hoodwink the court by his mumbo-jumbo story which seeks to show that he was not at the scene of the crime was designed to divert the mind of the court which was an effort that did not seriously understand the implication of the plea of the alibi. It is a defence which seeks to persuade the court that the accused could not possibly be at the scene of the crime as he was somewhere else where most probably there were people who could testify that at the time of the alleged incident or act he was not at the scene of the crime unless he is capable of being in two places at the same time."
EXPLANATION / SCOPE
Alibi defence must be raised at the earliest opportunity to allow investigation. The defence claims the accused was elsewhere with potential witnesses. The principle applies to criminal law defences. The rule prevents fabrication of alibi after investigation is impossible. The accused cannot be in two places at once. Early raising of alibi is essential for credibility.
