CRIMINAL LAW — Alibi — Effect of Positive Identification — When Alibi Collapses
Principle Statement
If the prosecution can lead strong and positive evidence which fixes the accused person at the scene of crime and which evidence the court accepts, the alibi naturally collapses.
Ratio Decidendi (Source)
Per Tabai, JSC, in Sunday v. State (2010) NLC-123-46-2009(SC) at p. 22; Paras B–C.
"If the prosecution can lead strong and positive evidence which fixes the accused person at the scene of crime and which evidence the court accepts, the alibi naturally collapses."
Explanation / Scope
This principle establishes that an alibi defence collapses where the prosecution presents strong, positive evidence accepted by the court fixing the accused at the scene. The principle applies where alibi is raised. It ensures that alibi is weighed against prosecution evidence. The principle reflects that credible identification defeats alibi. It prevents alibi from being a magic wand. The court must assess both the alibi and the identification. The principle provides guidance on the effect of positive identification on alibi.
