CRIMINAL LAW — Alibi Defence — Timing of Raising Defence — Necessity of Raising at Earliest Opportunity
Principle Statement
An alibi defence must be raised at the earliest possible opportunity, which is at the police interrogation stage, to enable the police to investigate its veracity. Raising alibi for the first time at trial is too late and the court will treat it with suspicion.
Ratio Decidendi (Source)
Per Tobi, JSC (dissenting), in Ndidi v. State (2007) NLC-123-128-2005(SC) at p. 24; Paras D–E.
"It is the law that alibi as a defence should be raised at the earliest opportunity and that opportunity is in the interrogation room. This will enable the police to investigate the alibi. The police cannot investigate an alibi raised at the trial or during the trial. It is too late."
Explanation / Scope
The principle applies to criminal trials where an accused person relies on the defence of alibi, i.e., that they were elsewhere when the offence was committed. The defence must be raised promptly to allow law enforcement authorities to investigate and test its credibility. The earliest opportunity is at the police station during interrogation. If the accused waits until trial to raise alibi, the defence is weakened, and the court may infer that it is an afterthought or fabrication. The rationale is to prevent the accused from manufacturing a defence that cannot be verified. The principle does not mean that a late alibi cannot be considered, but it is given little weight and must be corroborated by credible evidence. The accused must also disclose the names and addresses of witnesses to support the alibi.
