LEGAL PRINCIPLE: EVIDENCE LAW – Tainted Witness – Definition – Accomplice or Person with Purpose to Serve
PRINCIPLE STATEMENT
We think it is proper to confine this category of witness (i.e. 'tainted') to one who is either an 'accomplice' or, by the evidence he gives, (whether as witness for the prosecution or defence) may and could be regarded as having some purpose of his own to serve.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Olalekan v. State (2001) NLC-2041999(SC)
"We think it is proper to confine this category of witness (i.e. 'tainted') to one who is either an 'accomplice' or, by the evidence he gives, (whether as witness for the prosecution or defence) may and could be regarded as having some purpose of his own to serve."
EXPLANATION / SCOPE
A “tainted witness” is either an accomplice or a witness with their own purpose to serve—personal interest in the outcome. Such witnesses require caution because their testimony may be biased or self-serving. The category is limited—not every witness with minor interest qualifies. The court must assess whether the witness has a personal stake affecting credibility. Tainted witness testimony requires corroboration or careful scrutiny. However, the warning is one of caution, not an absolute bar. The judge must direct the jury or themselves on the need for corroboration. The definition prevents overuse of the “tainted” label.
CASES APPLYING THIS PRINCIPLE
None recorded.