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A critical examination of alibi rights in Nigeria and The United States of America
Abstract
This research undertakes a critical examination of alibi rights in Nigeria and the United States of America, with a focus on the legal frameworks, judicial interpretations, and practical applications in both jurisdictions. The study explores the concept of alibi, its significance in criminal proceedings. A comparative analysis of the Nigerian and American legal systems reveals both similarities and differences in the treatment of alibi rights, including the burden of proof, disclosure requirements, and the role of the defense and prosecution. An apt component of criminal law and jurisprudence is the fact that globally, an accused person or defendant as the case may be is often availed the opportunity to be heard and table either before a judge or jury his defences in his bid to be discharged or acquitted. One of such defences is alibi. As one of the oldest and widely invoked defence in criminal cases, this paper seeks to dissect the defence in a view to understanding how it is invoked, sustained and upheld under our Nigerian legal system and jurisprudence and that of the United States of America. Ultimately, this research aims to contribute to the improvement of criminal justice systems in Nigeria and the United States by highlighting best practices, proposing reforms, and promoting a more robust protection of alibi rights. The research adopted doctoral method through the review of primary and secondary sources of materials. The research identifies challenges and limitations in the exercise of alibi rights in both countries, such as inadequate legal representation, lack of access to forensic evidence, and judicial biases. The study also examines the implications of these challenges on the accused’s right to a fair trial and the pursuit of justice. It was based on the foregoing that recommendations were made.