A tainted witness has been classified as 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. See: Ishola v. The State (1978) NSCC 499 at 509.
— Iguh, JSC. Oguonzee v State (1998) – SC.131/97
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There is no doubt that the defence is not to determine how many witnesses the prosecution will call to testify in Court. The State is at liberty to call only one witness or as many as it desires as long as the testimony of a sole witness is sufficient to establish the ingredients to the charge. See; Bayo Adelumola Vs. The State (1988) NWLR (pt.73)683; (1988) LPELR 119 (SC).
— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013
A vital witness is a witness whose evidence may determine the case one way or the other and failure to call a vital witness is fatal to the prosecution s case. In other words, a witness who knows something significant about a matter is a vital witness. In Onah v. State (1985) 3 NWLR Pt. 12 Pg.236 a vital witness was described as a witness whose evidence may determine the case one way or the other and it is settled that the failure to call such a witness is fatal to the prosecution’s case.
– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016
Where the evidence of such a witness is otherwise credible and sufficiently of probative value to the charge, the fact of his relationship to the victim or that he has other personal interest of his own to serve is by itself not sufficient to reject his evidence. In law, causes are not lost on the basis that the witness/s is/are members of the same family, association or community. Even where the Court fails or omits to caution or warn itself on evidence that is true in fact and sufficient to ground a charge, the failure or omission would not weaken the validity of such evidence or be fatal to a conviction.
– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05
The law is trite that unless where the law prescribes otherwise, there can be a conviction based on the evidence of a sole witness. Such evidence of a sole witness must be cogent, strong, credible and reliable before a Court can rely to found a conviction. See Oduneye v The State (2001) 2 NWLR (pt 697) 311, Abogede v State (1996) 5 NWLR (pt 449) 279 at 280, Ighalo v The State (2016) LPELR – 40840 (SC). 27 Ordinarily, the credibility of evidence does not depend on the number of witnesses who testify on a particular issue, but it depends on whether the evidence of a single witness is believable and accepted by the Court and if so believed by the Court, then it is sufficient to ground a conviction. SeeAli v The State (1988) 1 NWLR (pt 68) 1, Lase v The State (2017) LPELR – 42468 (SC), Abogede v The State (1996) 4 SCNJ 227.
— J.I. Okoro, JSC. Chibuike Ofordike V. The State (SC.695/2016, 2019)
An appellate court should not ordinarily substitute its own views of fact for those of the trial court. See: Ebba v. Ogodo (1974) 1 SCNLR 372; Balogun v. Agboola (1974) 1 All NLR (pt. 2) 66. Ascription of probative value to the evidence of witnesses is pre-eminently the business of the trial court which saw and heard the witnesses. An appeal court will not lightly interfere with same unless for compelling reasons. But where evidence has nothing to do with the demeanour of witnesses or relates to interpretation to be placed on documents tendered before the court, an appellate court will be in a good position to act accordingly. See: Ebba v. Ogodo (supra); Ogbechie Onochie (1998) 1 NWLR (Pt.470) 370. An appellate court will not interfere with findings of fact except where wrongly applied to the circumstance of the case or vital documents tendered were jettisoned or conclusion arrived at was patently perverse or wrong, See: Nwosu v. Board of Customs & Excise (1988) 5 NWLR (Pt. 93) 225; Nneji v. Chukwu (1996) 10 NWLR (pt. 378) 265. And where there is conflict in the evidence of witnesses, documentary evidence will serve as a hanger on which the truth shall be resolved. Documents tendered as exhibits are very vital as they do not embark on falsehood like some mortal beings. See: Olujinle v. Adeagbo (1988) 2 NWLR (Pt.75) 238.
— J.A. Fabiyi, JSC. BFI v. Bureau PE (2012) – SC.12/2008
The position is that a tainted witness is either an accomplice or a witness who has an interest to defend or a purpose to serve in a case in which he is called upon to give evidence as a witness. It has to be shown that the witness has some peculiar interest to protect or purpose to serve in the evidence he gives in a case in order to make him a tainted witness.
– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05
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