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Law of Evidence
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August 26, 2019 9:13 am
"However, it is well settled that the fact that there is a blood relationship between a victim and the Prosecution witness is not sufficient in itself to make him a tainted witness, whose evidence is unreliable, unless corroborated - see Egwumi V. State (supra). Omotayo & Ors V. State (2009) LPELR-2663(SC) and Omotola V. State (2009) 7 NWLR(1139) 148, wherein Ogbuagu, JSC. observed:
A case is not lost on the ground that those, who are witnesses, are members of the same family or community. What is important is their credibility and that they are not tainted witnesses. This is because the Prosecution should not be encouraged to call hired witnesses, especially in murder cases of capital offences. Justice, it is said, will be defeated, if the Prosecution of any Accused Person can only commence, when and only when, witnesses are neither related to the Accused nor are members of the same family - - The evidence of a relation can be accepted, if cogent enough to rule out the possibility of deliberate falsehood and bias-- There is no law, which prohibits blood relations, from testifying for the Prosecution where such a relation is the victim of the crime committed."
- PER A. A. AUGIE, J.S.C. IN FRIDAY UZIM V THE STATE
Appeal No: SC. 877/2015
LEGALPEDIA ELECTRONIC CITATION: LER[2019]SC. 877/2015
