LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Timely Raising of Defence
PRINCIPLE STATEMENT
Such defence must be timeously brought to the attention of the Police by the accused person, preferably in his extra-judicial statement to afford the Police an ample time to carry out its investigation.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Ebre & Ors v. State (2001) NLC-591999(SC) at p. 10; Paras C–D.
"Such defence must be timeously brought to the attention of the Police by the accused person, preferably in his extra-judicial statement to afford the Police an ample time to carry out its investigation."
EXPLANATION / SCOPE
An alibi defence must be raised timeously—preferably in the accused’s extra-judicial statement to the police—to allow ample investigation time. Raising alibi for the first time during trial testimony denies the prosecution the opportunity to verify it. Timely raising enables police to check records, interview witnesses, and gather evidence. Late alibi may be viewed with suspicion and given less weight. The principle ensures fairness to the prosecution and prevents manufactured alibis. The accused has the duty to disclose the alibi at the earliest opportunity. Failure to do so may lead the court to draw an adverse inference. The defence must be raised before the trial commences.