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
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The trial court does not come to a decision by the quantity of the witnesses but on the quality or probative value of the testimony of the witnesses. — O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006
A man may be convicted on the evidence of a single witness. However such evidence must be credible and cogent. – Ogunwumiju JCA. Okeke v. State (2016)
However, and for whatever it is worth, the law is settled that a tainted witness is a person who is either an accomplice or who on the evidence may be regarded as having some purpose of his/her own to serve – see R vs Enahoro (1964) NMLR 65; Ifejirika vs The State (1999) 3 NWLR (pt. 593) 59; Ogunlana vs The State (1995) 5 NWLR (Pt. 395) 266.
— W.S.N. Onnoghen, JSC. Moses v State [2006] – S.C.308/2002
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
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)
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
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