HOST OF WITNESSES IS NOT NEEDED FOR SUCCEEDING

WHETHER OR NOT A WITNESS IS AN ACCOMPLICE IS ONE OF LAW

The question whether or not a witness is an accomplice is one of law not of fact and if, as here, the learned trial Judge erred in regarding P.W.(18) as an accomplice (to the crime of conspiracy) it is certainly open to an appellate court (and in this instance, the Federal Court of Appeal) to reverse the erroneous view of the learned trial Judge.

— Idigbe, JSC. Ishola v State (1978) – SC.8/1977

WHO IS A TAINTED WITNESS

A tainted witness falls into one or both of the two categories hereunder listed: (1) A witness who is an accomplice in the crime charged. (2) A witness who, by the evidence he gives, may and could be regarded as having some purpose of his own to serve. Rasheed Olaiya v. The State (2010) Vol. 180 LRCN 1-197 p.34; The State v. Dominic Okoro & Ors (1974) 2 SC 73 at 82; Ishola v. The State (1978) 9-10 SC 73 at 100 .

— N.S. Ngwuta, JSC. Odogwu v State (2013) – SC.122/2009

NO OBLIGATION TO CALL A HOST OF WITNESSES BY THE PROSECUTION

Okonofua & Anor v. The State (1981) 6-7 SC 1 at 18 where this court per Bello, J.S.C., as he then was, dealing with the same subject put the matter thus:- “The correct state of the law relating to the duty of the prosecution to call witnesses, whether their names appear on the back of the information or not, has been recently stated by this court in these terms: ‘The law imposes no obligation on the prosecution to call a host of witnesses. All the prosecution need do is to call enough material witnesses in order to prove its case; and in so doing, it has a discretion in the matter.’ ” See also Samuel Adaje v. The State (1979) 6-9 SC 18 at 28.

WHERE PROSECUTION WITNESS CONTRADICTS ONE ANOTHER

Onubogu and Anor v. The State (1974) 9 S.C. 1, 20: the Supreme Court opined that where in a criminal case, one witness called by the prosecution’ contradicts another prosecution witness on a material point, the prosecution ought to lay some foundation, such as showing that a witness was hostile, before they can ask the court to reject the testimony of one witness in preference for the evidence of the discredited witness. It is not competent for the prosecution to discredit one and accredit the other.