LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Particulars Required
PRINCIPLE STATEMENT
To take advantage of this defence, the accused person must give a detailed particularisation of his whereabouts on the crucial day of the offence which will include not just the specific place(s) where he was, but additionally, the people in whose company he was and what, if any, transpired at the said time and place(s).
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Ebre & Ors v. State (2001) NLC-591999(SC) at p. 10; Paras A–C.
"To take advantage of this defence, the accused person must give a detailed particularisation of his whereabouts on the crucial day of the offence which will include not just the specific place(s) where he was, but additionally, the people in whose company he was and what, if any, transpired at the said time and place(s)."
EXPLANATION / SCOPE
A valid alibi requires detailed particularisation: specific place(s) where the accused was, people in whose company, and what transpired at that time. Vague claims (“I was elsewhere”) are insufficient. The particulars must enable the prosecution to investigate and verify the alibi. The defence must provide names, addresses, and contact information of witnesses who can corroborate the alibi. The principle prevents fabricated or vague alibi defences raised without supporting evidence. The accused bears the evidential burden of providing sufficient particulars. Without detailed particularisation, the alibi may be disregarded. The requirement ensures the prosecution can meaningfully test the defence.