CORROBORATION UNDER THE NIGERIAN EVIDENCE ACT

In criminal trials, there is generally no required number of witnesses to call to prove a case, except in cases that require corroboration: section 200 EA; Adaje v State. Evidence of one witness which is credible would prove the most heinous crime.S. 200 

 

All that is required is for the Prosecution to prove the case against the accused beyond reasonable doubt- 

A prosecutor need not call all eyewitnesses to testify: Alli v State. However, where the Prosecutor fails to call a material eyewitness or material witness, the court may reasonably infer that if the witness had been called, his testimony would have been favourable to the accused person. OGBODU V. THE STATE; Section 167 (d) EA.

 

In all the situations where the law of Evidence requires corroboration, the Prosecution will require the testimony of at least two witnesses to secure a conviction-S.200 EA. The circumstances are as follows:

 

a.​WITNESSES

The testimony of the following persons as witnesses require corroboration.

i.​Testimony of an accomplice S. 198 (1)EA

ii.​The unsworn testimony of children under 14 years: S. 209(3) EA

iii.​the testimony of a tainted witness

 

b.​OFFENCES

An accused person can only be convicted of any fo the following offences upon his plea of guilty or on the evidence of at least two witnesses; one corroborating the testimony of another.

 

Such offences are:

i.​Treason and Treasonably felony: S. 201(1) EA ;R. v. Omisade

 

NB ==→  However, S. 201 (2) EA provides that on a charge of treasonable felony, the court can convict on the testimony of one witness where the treason alleged is the killing President or an attempt to endanger his life or injure his person.

ii.​Perjury S. 202

iii.​Exceeding Speed Limit S. 203 EA

iv.​Sedition S. 204 EA, S. 528 Criminal Code Act