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A critical examination of alibi rights in Nigeria and The United States of America


Friday Ojonugwa Agbo

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. 


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print ISSN: 2276-7371