CRIMINAL LAW — Defences — Alibi — Duty of Prosecution to Investigate
Ratio Decidendi
Per Mohammed, JSC, in Olaiya v. State (2010) NLC-123-36-2009(SC) at p. 6, para. E:
"The law is indeed well settled that the defence of alibi once it has been properly raised by the accused person in the course of the investigation of the offence for which he is charged, it is the duty of the Police to investigate it and for the prosecution to disprove it."
Explanation / Scope
This principle establishes that once an accused properly raises the defence of alibi during the investigation of an offence, the Police have a duty to investigate it, and the prosecution must disprove it. The principle applies where alibi is raised. It ensures that the prosecution does not ignore alibi. The principle reflects the obligation on the prosecution to verify alibi claims. It prevents the prosecution from dismissing alibi without investigation. The court must consider whether the alibi was investigated. The principle provides guidance on the duty to investigate alibi.