EVIDENCE LAW — Competency of Witness — Blood Relation of Deceased — Testifying for Prosecution
Principle Statement
There is no law which precludes a blood relation of a deceased person from testifying for the prosecution. In many cases when murder is committed in the presence of family members the only witnesses available are blood relatives. The mere fact that witnesses are relations of the deceased, does not mean that they are not competent witnesses for the prosecution.
Ratio Decidendi (Source)
Per OGEBE, J.S.C., in Nkebisi & Anor v. State (2010) NLC-123-395-2002(SC) at p. 3; Paras B–C.
"There is no law which precludes a blood relation of a deceased person from testifying for the prosecution. In many cases when murder is committed in the presence of family members the only witnesses available are blood relatives. The mere fact that witnesses are relations of the deceased, does not mean that they are not competent witnesses for the prosecution."
Explanation / Scope
This principle establishes that blood relations of a deceased person are competent witnesses for the prosecution. The principle applies where family members are the only available witnesses. It ensures that family members can testify. The principle reflects that relationship does not affect competence. It prevents exclusion of necessary witnesses. The court must assess credibility like any other witness. The principle provides guidance on the competence of witnesses.
