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”.

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WHEN IS A WITNESS TAINTED

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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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.

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NEGATIVES OF PHOTOGRAPH REQUIRES PHOTOGRAPHER TO BE CALLED TO TESTIFY

Photographs taken of the deceased’s corpse are secondary evidence. They become admissible only when the negative is also tendered and their inadmissibility has nothing to do with the maker or photographer. However in this age of digital photography where the negatives are stored electronically, it becomes necessary for the photographer to be called to testify. — K.B. Aka’ahs, JSC. Mati Musa v The State (2019) – SC.902/2014

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WITNESS DEPOSITION MUST BE FILED WHETHER WITNESS IS SUBPOENAED OR NOT IN AN ELECTION PETITION

From the foregoing judicial decisions, it is clear that in election petition litigation, whether the witnesses which a party intends to call are ordinary or expert witnesses and whether they are willing or subpoenaed witnesses, their witness depositions must be filed along with petition before such witnesses will be competent to testify before the tribunal or court.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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THERE CAN BE CONVICTION BASED ON THE TESTIMONY OF A SOLE WITNESS

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)

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HOST OF WITNESSES IS NOT NEEDED FOR SUCCEEDING

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WHEN IS A WITNESS TAINTED

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WHERE PROSECUTION WITNESS CONTRADICTS ONE ANOTHER

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NEGATIVES OF PHOTOGRAPH REQUIRES PHOTOGRAPHER TO BE CALLED TO TESTIFY

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WITNESS DEPOSITION MUST BE FILED WHETHER WITNESS IS SUBPOENAED OR NOT IN AN ELECTION PETITION

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THERE CAN BE CONVICTION BASED ON THE TESTIMONY OF A SOLE WITNESS

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