serious doubt on the
.
defendant ut
?as~~~ t_h~ prosec~tion . Again , the moment a
evidence
~-b~pb his alibi, it is not his function to establish by
e a 1 ' ut for the prosecution to disprove it.
,
u,P
SEE: ADEKUNLE VS. STATE (1989) 5 NWLR (PT 123
505~
.
SALAMI VS. STATE (1988) 3 NWLR (PT. 85) 670.
Ho~e~e~, !,t is obvi~us from_ the statement to the police which is
Exh1b1t C and evidence in court that the defendant did not
properly raise the defence of alibi. In his evidence in court the
~efendant indicated where he was on the 5 th day of March , 2013
till_when he was arr~sted by the police. That is the wrong time to
raise the defence of being elsewhere. The· duty on the defendant
is that the alibi must be unequivocal and must be raised during the
investigation of the offence and not during the trial. The rationale
behind raising the defence when making statement to the police is
to enable the police to inve&tigate the alibi. The burden on the
defendant is an evidential burden which means that in his
statement to the police he must give particulars of his whereabouts
at the particular time. A mere allegation by the defendant that he
was not at the scene of the crime at the time the offence was
committed but in · his shop at Emeka Offer Plaza or with his
customer at the Building Materials Market, Ogidi is not enough. He
is expected to state where he was and the persons who knew of
his presence at that place at the material time of the commission
of the offence in question . Where a defendant fails to set up the
alibi at the investigation stage with the necessary particulars, the
defence will not be available to him .
In the instant case, there is nothing to show that the defendant set
up the defence of alibi during the investigation of the allegation
made against him. In Exhibit "C" his statement to the police, he did
not raise the defence of alibi. The defence of alibi that he was in
his shop at Emeka Offer Plaze or with his customer at the Building
Materials Market, Ogidi. at the material time of the commission of
the offence was raised by the defendant for the first time during
the trial and without necessary particulars in support in that he did
not say with whom he was at the material time of commissio_n of
the crime. The defence as such , has not been properly raised
timeously. In the case of OZAKI VS. STATE (1990) 1 NWLR (PT.
23