LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Alibi – Vague and Porous Defence
PRINCIPLE STATEMENT
A general defence of alibi without sufficient facts to warrant an investigation is clearly porous and vague and cannot avail an accused person.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Ebre & Ors v. State (2001) NLC-591999(SC) at p. 11; Paras B–C.
"A general defence of alibi without sufficient facts to warrant an investigation is clearly porous and vague and cannot avail an accused person."
EXPLANATION / SCOPE
A vague, general alibi defence lacking sufficient facts for investigation is “porous” and cannot benefit the accused. The defence must provide specific, verifiable details. Mere assertion of being elsewhere without supporting particulars is insufficient. The court will disregard such vague alibis. The principle prevents accused persons from raising unsubstantiated alibi defences as a tactical ploy. The defence must be such that the prosecution can reasonably investigate it. If the alibi lacks material facts, the police are not expected to embark on a “wild goose chase.” The accused must provide names, addresses, and circumstances enabling verification. Vague alibis carry no weight.