LEGAL PRINCIPLE: EVIDENCE LAW – Witnesses – Meaning of a Tainted Witness
PRINCIPLE STATEMENT
A tainted witness is one who is either an accomplice or, by the evidence he gives, may be regarded as having some purpose of his own to serve.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Effiong v. State (1998) NLC-1441997(SC) at p. 4; Paras C–D.
"A tainted witness is one who is either an accomplice or, by the evidence he gives (whether as a 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 has personal interest or is an accomplice. The principle applies to criminal trials. The court must exercise caution. The rule requires corroboration or warning. The judge must assess the witness’s motive. The principle is well-established.
