EVIDENCE LAW — Corroboration — Judicial Attitude — Judge Must Warn Himself of Danger of Acting on Uncorroborated Testimony in Rape Cases
Ratio Decidendi
Per Ogbuagu, JSC, in Ogunbayo v. State (2007) NLC-123-272-2005(SC) at p. 9; Paras B–D:
"It is an established practice in criminal law, that though corroboration of the evidence of the victim in a rape case, is not essential in law, that it is in practice, always looked for and that it is also the practice for the jury or the Judge, to warn himself against the danger of acting upon an uncorroborated testimony."
Explanation / Scope
This principle establishes that while corroboration is not legally required in rape cases, judges must still warn themselves of the danger of convicting solely on uncorroborated testimony. The warning is a practice direction, not a rule of law. The judge must demonstrate in the judgment that he/she has considered this danger. The principle balances the need to protect victims with the need to prevent wrongful convictions. It applies in all rape trials. Failure to give this warning may constitute an error of law. The judge must articulate the reasons for finding the victim credible despite the absence of corroboration.