LEGAL PRINCIPLE: EVIDENCE – Accomplice – Accomplices and Tainted Witnesses
PRINCIPLE STATEMENT
Persons are accomplices if they are participes criminis (partners in crime) in respect of the actual crime charged, whether as principals or accessories before or after the fact. A tainted witness is either an accomplice or one who has some purpose of his own to serve.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ogunlana & Ors v. State (1995) NLC-301992(SC) at p. 12; Paras D–E to p. 13; Paras A–B.
"Persons are accomplices to a crime who are participes criminis in respect of the actual crime charged whether as principals or accessories before or after the fact... On the other hand, it has been said that the term 'tainted witness' should be confined to one who is either an accomplice or who by the evidence he gives whether as a witness for the prosecution or defence, may be regarded as having some purpose of his own to serve."
EXPLANATION / SCOPE
An accomplice is a partner in crime. A tainted witness includes accomplices and witnesses with personal motives. The principle requires caution in relying on their testimony. The court must look for corroboration. The rule applies to both prosecution and defence witnesses. The judge must warn the jury or himself of the danger of convicting on uncorroborated accomplice evidence. The tainted witness category is limited. The witness’s purpose must be personal, not merely general. The principle protects against wrongful conviction.