LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — Duty to Raise at Earliest Opportunity
PRINCIPLE STATEMENT
An accused person who wishes to raise alibi must raise it at the earliest opportunity to enable the police to investigate it and must offer evidence.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Eyisi & Ors v. State (2000) NLC-1601999(SC) at p. 18; Paras D–E.
"The law relating to alibi is that an accused person who wishes to raise alibi must raise it at the earliest opportunity to enable the police to investigate it and must offer evidence."
EXPLANATION / SCOPE
An alibi defence must be raised at the earliest opportunity—preferably in the accused’s extra-judicial statement to the police. Timely raising allows police investigation. The accused must also offer evidence in support of the alibi at trial. Raising alibi for the first time during trial testimony may be viewed with suspicion. The principle ensures fairness to the prosecution, which needs time to investigate. The accused cannot keep the alibi secret and then spring it at trial. The duty to raise alibi early is a rule of practice, not a strict legal requirement, but failure may affect the weight given to the alibi. The accused must provide sufficient particulars to enable investigation.