EVIDENCE LAW — Identification Evidence — Alibi — When Identification Evidence Destroys Defence of Alibi
Ratio Decidendi
Per M. Mohammed, JSC, in Afolalu v. State (2010) NLC-123-193-2008(SC) at p. 5, paras. D–E:
"The law is indeed well settled that where, as against the defence of alibi raised by an accused person there is a virtual identification evidence of the accused by the prosecution witness which the Court accepted and believed, such evidence will effectively destroy the defence of alibi raised."
Explanation / Scope
This principle establishes that credible identification evidence accepted by the court destroys the defence of alibi. The principle applies where alibi is raised. It ensures that alibi is weighed against identification evidence. The principle reflects that positive identification defeats alibi. It prevents alibi from being a magic wand. The court must assess the credibility of the identification. The principle provides guidance on the effect of identification evidence on alibi.