EVIDENCE LAW — Witnesses — Tainted Witness — Definition
Ratio Decidendi
Per Mohammed, JSC, in Olaiya v. State (2010) NLC-123-36-2009(SC) at p. 10, para. A:
"A 'tainted' witness has been described as a witness who is either an accomplice or who by the evidence he gives may and could be regarded as 'having some purpose of his own to serve.'"
Explanation / Scope
This principle defines a tainted witness as one who is either an accomplice or whose evidence suggests they have a personal purpose to serve. The principle applies where witness credibility is in issue. It ensures that tainted witnesses are treated with caution. The principle reflects the need for corroboration or careful scrutiny of such witnesses. It prevents reliance on unreliable evidence. The court must determine if a witness is tainted. The principle provides guidance on the treatment of tainted witnesses.