LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Onus of Proof Remains on Prosecution
PRINCIPLE STATEMENT
Where an accused sets up the defence of alibi, the onus still lies on the prosecution to prove beyond reasonable doubt that the accused was present at the scene and committed the offence.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Dogo & Ors v. State (2001) NLC-442000(SC) at p. 22; Paras A–B.
"It cannot be over-emphasised where an accused person sets up the defence of alibi, he does not thereby assume the responsibility of proving the answer. The onus still lies on the prosecution to prove beyond reasonable doubt that the accused was not only present at the scene of crime but that he committed the offence."
EXPLANATION / SCOPE
An alibi defence does not shift the legal burden of proof to the accused. The prosecution retains the burden to prove guilt beyond reasonable doubt, including disproving the alibi. The accused need not prove the alibi—only raise it sufficiently. The prosecution must adduce evidence showing the accused could not have been elsewhere or that the alibi is false. Failure to disprove the alibi creates reasonable doubt. The principle protects the presumption of innocence. The accused’s alibi is not a defence to be proved, but a fact that may create doubt. The court must consider the alibi alongside all evidence.