LEGAL PRINCIPLE: CRIMINAL LAW – Proof of Murder – Corroboration and Medical Evidence
PRINCIPLE STATEMENT
One solitary witness, if believed, can establish a murder charge. The sworn evidence of a child need not be corroborated, but the judge should warn himself of the risk. Medical evidence is desirable but not essential in all homicide cases.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Onyegbu v. State (1995) NLC-1831993(SC) at pp. 15–16; Paras B–E.
"One solitary witness if believed by the court can establish a criminal case even if it is a murder charge. … The sworn evidence of a child need not as a matter of law be corroborated, but it is desirable that the Judge should warn himself of the risk of acting on the uncorroborated evidence of a young boy or girl though he may do so if convinced that the witness is telling the truth. … Medical evidence as to the cause of death is desirable, but it is not essential in all cases of homicide."
EXPLANATION / SCOPE
A single witness can prove murder. Child evidence does not require corroboration, but caution is advised. Medical evidence is desirable but not mandatory. The principle applies to criminal trials. The judge must assess credibility. The rule recognises practical realities. The prosecution must prove guilt beyond reasonable doubt.