LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — Meaning and Nature
PRINCIPLE STATEMENT
Alibi is a radical defence that means the accused was somewhere else at the material time an offence was committed and could not possibly have been at the scene; if it succeeds, it exonerates the accused completely.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Eyisi & Ors v. State (2000) NLC-1601999(SC) at pp. 50–51; Paras G–H, A.
"Alibi is a radical defence and simply means an accused was somewhere else at the material time an offence was committed and could not possibly be at the scene to partake in it. If it succeeds, it would mean the accused was in no way involved in the crime, unlike other defences which may still have implicated or connected him with a particular offence."
EXPLANATION / SCOPE
Alibi is a “radical” defence because its success results in complete exoneration—the accused is not connected to the crime at all. Unlike other defences (e.g., provocation, self-defence) that may admit presence but justify or mitigate, alibi denies presence entirely. The defence asserts physical impossibility of participation. The burden of proving alibi is not on the accused; the prosecution must disprove it beyond reasonable doubt once reasonably raised. However, the accused must raise the alibi timeously with sufficient particulars. The principle recognises that alibi is a complete defence—if believed, it leads to acquittal. The court must evaluate alibi alongside all evidence.