WITNESS INCONSISTENT ON MATERIAL FACTS

WHERE ACCUSED PERSON IS THE ONLY WITNESS TO AN EVENT

This court has stated in a legion of cases that where the evidence of an accused person is the only witness of an event, any other evidence given by another person not being an eye witness to that particular event will be hearsay or speculative. I commend the decision of this court in Ahmed v. State (1999) 7 NWLR (Pt. 612) 641 at 675 Belgore, JSC while allowing the appeal stated as follows: “In a situation where only the evidence of the accused person as to the actual stabbing is the only eye-witness account, he is either believed or there is no other evidence to believe.” Also in Bassey v. State (2019) 18 NWLR (Pt. 1103) 160 at page 166, para. F, Abba Aji, JSC while allowing the appeal stated as follows: “the testimony of appellant appears to me very striking and believable since there was no eye witness to the crime except the story of the appellant herein. His evidence seems consistent and correlated.”

Enobong v. The State (2022) – SC/CR/249/2020

HOST OF WITNESSES IS NOT NEEDED FOR SUCCEEDING

In OCHIBA v. THE STATE (2011) LPELR 8245 (SC) where it was held as follows: “I need to say it that it is settled Law that the prosecution was not obliged to call a host of witnesses in order to discharge the burden placed on it to prove the charge against the appellant beyond reasonable doubt as dictated by section 138(1) of the Evidence Act. A sole witness like P.w.1, who has given credible and clear evidence which was believed by the trial Judge, will suffice. See OBUE V THE STATE (1976) 2 SC 141; SADAM v THE STATE [2010] 12 SC (PT.1) 73 at 87-88; AKPAN v THE STATE [1991] 3 NWLR (PT 182) 695”.

COURT OF LAW CAN CONVICT ON THE EVIDENCE OF ONE WITNESS

Accordingly, in arriving at a conviction in criminal cases, the court is concerned with whether or not there is sufficient credible evidence of probative value and not the number of witnesses called on an issue. See: Commissioner of Police v. Daniel Kwashie (1953) 14 WACA 319. Where a single witness called by the prosecution is neither an accomplice nor a tainted witness, a court of law is entitled to convict mainly on his credible evidence where his testimony did not by law require corroboration. Once the court is satisfied with the cogency, high quality and credibility of the evidence of a witness and accepts it, conviction based on such evidence should not be interfered with unless such evidence by law requires corroboration. So, in the Daniel Kwashie case, the learned magistrate convicted the appellant on the evidence of one witness. On appeal to the High Court, the learned Judge found that although, corroboration was not required by law, a court was generally reluctant to convict on the evidence of a single witness and proceeded to allow the appeal. On further appeal to the West African Court of Appeal, the appellate judge was reversed and his decision was set aside on the ground that there was sufficient evidence before the learned magistrate on which he based his conviction. It was further held that since the learned magistrate believed the witness and there was no imputation that the sole witness was an accomplice or a tainted witness, it was an error to reverse his decision and the conviction was restored.

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

PROSECUTION OWES NOT THE COURT A DUTY TO CALL HOST OF WITNESSES

The prosecution does not have the obligation to put forward two versions of one incident. See ONUBOGU v. THE STATE (supra); BOY MUKA v. THE STATE (supra); ALFRED ONYEMENA v. THE STATE (1974) ALL NLR 522. Once the prosecution can prove their allegation beyond reasonable doubt with the witnesses they have screened and selected, they would have discharged the burden of proof cast on them by law. They owe neither the Court nor the accused the duty to call a host of witnesses, or a particular witness.

— E. Eko, JSC. Galadima v. State (2017) – SC.70/2013

RELATIONSHIP BY BLOOD CANNOT DISQUALIFY A WITNESS AS BEING A TAINTED WITNESS

The fact that he (PW 4) is a brother to the deceased with but more, cannot in my view make or turn him into a tainted or biased witness. He was not shown to have been an accomplice in the commission of the offence nor that he had any interest or purpose of his own to serve as such witness. Relationship by blood without any more cannot tantamount to a disqualification from being a prosecution witness, and I am not aware of any of our laws which provide as such. Consequently, the evidence of PW 4 in my view requires no corroboration. Ishola v. The State (1978) 9 & 10 SC81; Onafowokan v. The State (1986) 2 NWLR (Pt. 23) 496; Arehia & Anor v. The State (1982) 4SC7 8; Hausa v. The State (1992) 1 NWLR (Pc 219) 600.

— Kutigi, JSC. Oguonzee v State (1998) – SC.131/97

WHO IS A VITAL WITNESS

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