CRIMINAL PROCEDURE — Conviction on Uncorroborated Evidence — Evidence of Accomplices and Co-Accused
Principle Statement
Under section 178(2) of the Evidence Act, accomplices' evidence can be used against a co-accused without more, but the court must exercise caution. A conviction based on uncorroborated accomplice testimony is not illegal under section 178(1), but it is safer to insist on corroboration.
Ratio Decidendi (Source)
Per Tabai, JSC, in Nwankwoala & Anor v. State (2006) NLC-123-244-2005(SC) at p. 12; Paras A–C.
"By virtue of the provisions of section 178(2) of the Evidence Act … their evidence against the 1st Appellant can, without more, be used against him. All the court need to do is to exercise caution in relying solely on such evidence. The PW4 and PW5 are regarded as accomplices and a conviction based on their uncorroborated testimonies is not, by virtue of section 178(1) of the Evidence Act, illegal. It is however safer for the court to insist on some corroboration."
Explanation / Scope
Accomplice evidence is legally sufficient but caution is required; corroboration is safer. The principle applies to criminal evidence.
