LEGAL PRINCIPLE: CRIMINAL LAW — Tainted Witness — Relationship to Deceased Not Sufficient to Taint a Witness
PRINCIPLE STATEMENT
The mere fact that a witness in a murder trial is related to the deceased does not make him a tainted witness; a tainted witness is one who has his own interest to serve and a tendency to cover up true facts.
RATIO DECIDENDI (SOURCE)
Per Ogebe, JCA (as adopted by Kutigi, JSC), in Akalonu v. State (2002) NLC-1622000(SC) at pp. 3–4; Paras D–A.
"The mere fact that a witness in a murder trial is related to the deceased does not make him a tainted witness. A tainted witness is one who has his own interest to serve and as a result has a tendency to cover up the true facts of the case. See Ogunye v. The State (1999) 4 S.C. 30; (1995) 8 N.W.L.R (Pt.413)333."
EXPLANATION / SCOPE
Relationship to the deceased alone does not taint a witness. A tainted witness has a personal interest to serve that may affect truthfulness. The category includes accomplices and witnesses with ulterior motives. Family members may be credible witnesses. The court must evaluate their testimony like any other witness. The principle prevents automatic rejection of family members’ testimony. The judge must assess credibility based on evidence, not mere relationship. The rule applies to both prosecution and defence witnesses. The court may convict on the testimony of a relative if satisfied of its truth. The principle recognises that relatives may be the only eyewitnesses to crimes.