LEGAL PRINCIPLE: EVIDENCE LAW — Witnesses — Tainted Witness — Corroboration Not Required When Evidence is Credible
PRINCIPLE STATEMENT
There is no iota of evidence to suggest that he has an interest of his own to serve. Even if he were a tainted witness, his evidence was corroborated by other evidence and to some extent by the evidence of the accused who did not dispute that he attacked the deceased.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Orisakwe v. State (2004) NLC-2352002(SC) at p. 28; Paras A–C.
"There is no iota of evidence to suggest that he has an interest of his own to serve. Suppose I were to hold that he was such a witness, his evidence was corroborated by the evidence of Dr. Njemanze, PW.5, and to some extent by the evidence of the accused who did not dispute that he attacked the deceased."
EXPLANATION / SCOPE
A witness with no personal interest to serve is not a tainted witness requiring corroboration. Even a tainted witness’s evidence can be acted upon if corroborated. The principle applies to criminal evidence. The rule allows conviction on tainted witness evidence with corroboration. The court assesses credibility and interest. Corroboration may come from other prosecution witnesses or the accused’s own evidence.
