LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Alibi — When Police Need Not Investigate
PRINCIPLE STATEMENT
When there is positive evidence of the accused's complicity in the offence, the police need not investigate his alibi.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC (citing Ntam v. The State), in Eyisi & Ors v. State (2000) NLC-1601999(SC) at p. 18; Paras E–F.
"When there is a positive evidence of the accused's complicity in the offence, the police need not investigate his alibi."
EXPLANATION / SCOPE
If the prosecution already has strong positive evidence placing the accused at the scene (e.g., eyewitness identification, video evidence), the police are not required to investigate the accused’s alibi. The positive evidence may render the alibi implausible. The duty to investigate alibi arises only where the alibi is reasonably raised and the prosecution’s case is not already overwhelming. The principle balances the prosecution’s duty to investigate with practical realities. Police resources are not required to investigate alibis that are clearly inconsistent with strong evidence of presence. The court will consider whether the positive evidence was credible. The accused cannot compel investigation of a patently false alibi.