LEGAL PRINCIPLE: CRIMINAL LAW – Defence of Alibi – Inseparability of Alibi of Co-Accused
PRINCIPLE STATEMENT
Where the alibi of two co-accused is inseparable, they must sink or swim together. If one is acquitted on alibi, the other must also be acquitted.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Adele v. State (1995) NLC-411994(SC) at p. 25; Paras C–D.
"The alibi of the 9th accused and the appellant are inseparable. On the defence, both of them should sink or swim together. If the alibi put forward by the 9th accused was accepted by the court it would be unjust not to give the appellant the same benefit of doubt."
EXPLANATION / SCOPE
If co-accused rely on the same inseparable alibi, they must be treated equally. The court cannot accept the alibi for one and reject it for the other without justification. The principle applies to joint trials. The prosecution must disprove the alibi against both. The rule prevents inconsistent verdicts. The court must examine whether the alibi is truly inseparable. The benefit of doubt must be given to all if the alibi is accepted. The principle promotes fairness and consistency. The court will set aside inconsistent convictions.