LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Requirements for Valid Alibi Defence
PRINCIPLE STATEMENT
For the accused person to raise the defence while testifying at his trial is to deliberately deny the prosecution its right and duty to investigate the defence. Such a ploy cannot avail the accused. ... Where the defence of alibi consists of vague accounts which are simply placed before the court as mere make-believe of plea of that defence, and which are completely devoid of material facts worthy of investigation, the Police in the circumstance would least be expected to embark on a wild goose chase, all in the name of investigation.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Ebre & Ors v. State (2001) NLC-591999(SC) at pp. 10–11; Paras C–B.
"For the accused person to raise the defence while testifying at his trial is to deliberately deny the prosecution its right and duty to investigate the defence. Such a ploy cannot avail the accused. ... Where the defence of alibi consists of vague accounts which are simply placed before the court as mere make-believe of plea of that defence, and which are completely devoid of material facts worthy of investigation, the Police in the circumstance would least be expected to embark on a wild goose chase, all in the name of investigation."
EXPLANATION / SCOPE
An alibi defence must be raised early—preferably at the first opportunity—to allow police investigation. Raising alibi for the first time during trial testimony denies the prosecution the right to investigate it. Such late alibi cannot avail the accused. Additionally, vague alibi accounts devoid of material facts do not require police investigation—the police need not embark on a “wild goose chase.” The alibi must provide specific details (time, place, persons, evidence) enabling verification. The principle prevents abuse of the alibi defence as a last-minute tactic. The accused bears the evidential burden of raising a credible alibi. Without particulars, the defence may be disregarded.