LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — Demolition by Positive Identification
PRINCIPLE STATEMENT
Where the prosecution adduces sufficient and accepted evidence to fix the accused at the scene of crime at the material time, any alibi raised by him is thereby physically and logically demolished.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ahmed v. State (2001) NLC-271999(SC) at p. 23; Paras B–C.
"It is long settled that where the prosecution adduces sufficient and accepted evidence to fix the accused at the scene of crime at all times material to the commission of a crime, any alibi raised by him is thereby physically and logically demolished."
EXPLANATION / SCOPE
A properly raised alibi is demolished by positive identification evidence placing the accused at the scene. If the court accepts eyewitness testimony that the accused was present and participated in the crime, the alibi fails. The prosecution need not separately disprove the alibi if the evidence of presence is credible. The principle reflects that the two are inconsistent—the accused cannot be elsewhere and at the scene simultaneously. The court must first accept the identification evidence as credible. The alibi defence is not automatically rejected; the court evaluates both. If the identification is weak, the alibi may create reasonable doubt. The rule applies where the identification is strong and positive.