CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Duty on an accused person to raise the defence of alibi timeously and to give particulars of his whereabout at the time the offence was committed


“As earlier stated in this Judgment an accused person must not raise the defence of alibi at large. An accused person relying on an alibi has a duly to let the police know at the earliest opportunity where and when he was at all material times. See UDO AKPAN VS THE STATE (1986) 5 SC 301. He must give adequate particulars of his whereabouts at the time the offence was committed to assist the police to make meaningful investigation and where they fail to so investigate, it creates an opportunity of acquittal in the absence of superior evidence fixing the accused at the scene of crime.” Per SAMUEL CHUKWUDUMEBI OSEJI, JSC in UTTO v. STATE (2021-LCER-40501-SC) (Pp 20 – 20 Paras; C – F)

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