EVIDENCE LAW ā Identification Evidence ā Alibi of Co-Accused ā Effect on Conviction of Others
Principle Statement
Where a co-accused raises a defence of alibi and is discharged, the discharge of one accused person cannot lead to the discharge of all accused persons where the appellants did not have a common base for their defence or claim that they were together with the co-accused in the location of his alibi.
Ratio Decidendi (Source)
Per OGEBE, J.S.C., in Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC) at p. 4; Paras DāE.
"Where a co-accused raises a defence of alibi and is discharged, the discharge of one accused person cannot lead to the discharge of all accused persons where the appellants did not have a common base for their defence or claim that they were together with the co-accused in the location of his alibi."
Explanation / Scope
This principle establishes that discharge of one accused on alibi does not lead to discharge of others who did not share the same alibi. The principle applies where co-accused raise alibi. It ensures that each accused is considered separately. The principle reflects that defences are personal. It prevents guilt by association. The court must assess each accused’s defence. The principle provides guidance on the effect of a co-accused’s alibi.
