EVIDENCE LAW — Witness Testimony — Unreliable Witness — Delay in Reporting Incident
Ratio Decidendi
Per Oguntade, JSC, in Udosen v. State (2007) NLC-123-199-2005(SC) at pp. 13–14; Paras A–D:
"Where a witness claims to have witnessed a gruesome murder but does not report the incident to the police for several weeks, and only does so after seeing the deceased's husband cursing persons who witnessed the murder and refused to come forward, this constitutes an unusual reaction and renders the witness's testimony unreliable."
Explanation / Scope
This principle establishes that unexplained delay in reporting a crime can render a witness’s testimony unreliable. A witness who witnesses a gruesome murder but delays reporting for weeks, only reporting after external pressure, is acting unusually. Such conduct undermines the credibility of the witness. The principle applies in criminal trials where witnesses delay reporting. The court must consider the reasonableness of the delay. Unexplained delay raises doubts about the witness’s truthfulness. The principle ensures that witnesses who claim to have witnessed serious crimes are scrutinized for their conduct. It applies particularly where the witness was not intimidated or under threat.