LEGAL PRINCIPLE: EVIDENCE – Accomplice – When a Witness Becomes an Accomplice
PRINCIPLE STATEMENT
One becomes an accomplice if he is participes criminis (partner in crime) with regard to the offence charged; mere presence at the commission of a crime does not make one an accomplice, nor does mere failure to report the crime.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, inĀ Ogunlana & Ors v. The StateĀ (1995) NLC-301992(SC) at p. 14; Paras AāD.
"One becomes an accomplice to a crime if he is participes criminis whether as principal or accessory before or after the fact with regard to the offence charged. The mere presence of a person at the commission of a crime does not ipso facto make one an accomplice to such a crime... So too, the mere failure of a witness to report the commission of a crime will not ipso facto make the witness to the commission an accomplice."
EXPLANATION / SCOPE
Mere presence at a crime scene does not make one an accomplice. Failure to report a crime also does not make one an accomplice. Active participation or assistance is required. The principle prevents witnesses from being unfairly tainted. The court must examine the witness’s level of involvement. The rule applies to criminal trials. The prosecution must prove the witness’s participation. The witness may be a mere bystander. The principle protects witnesses from being treated as accomplices without evidence of participation. The court will consider the totality of the evidence.