CRITICAL ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE

CRITICAL ANALYSIS OF CORROBORATION UNDER THE NIGERIAN LAW OF EVIDENCE

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ABSTRACT

There is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. A court can convict on a single witness. A case is not decided by the numbers of witnesses, single credible convincing evidence is enough to convict in a case but there are some exceptions”. The exceptions refer to by this learned mean the circumstances where corroboration will be required before any judge can decide his case. Although a judge can convict upon the uncorroborated evidence of an accomplice but he must warn himself before given such conviction in fact he is advised to seek corroborating evidence before convicting an accused because failure to do so can lead to the setting aside of his judgment on appeal.

Generally, corroboration cuts a niche for itself, it is used both in criminal and civil cases. It will also state the position of judges on the issue of corroboration and various decisions of court on different issues arising from corroboration. In law, corroboration, though popular yet controversial virtually under all legal system this is due to the influence and interpretation of the provisions of the Evidence Act and the criminal and penal codes (on corroboration of evidence) by judges. The desirability of corroboration as a requirement in certain criminal and civil cases under the Nigerian law of evidence and the hope of examine it critically under our legal system is the core focus of this study. This work will therefore elucidate the meaning of corroboration in Nigeria and Canada generally, the role of judges in deciding both civil and criminal cases and various statutory provisions in respect of corroboration of evidence in Nigeria relying largely on both primary and secondary source of law of evidence in Nigeria.

CHAPTER ONE

GENERAL INTRODUCTION

INTRODUCTION

Corroboration is evidence tending to confirm some fact of which other evidence is given. As a matter of common sense, the more corroboration is present the easier it is to prove a fact and from this point of view a judge will always look for corroborating evidence.

Corroboration according to Osborn’s Concise Dictionary1 means independent evidence which implicate a person accused of a crime by connecting him with it, or an evidence which confirms in some fact particularly not only that the crime has been committed but also that the accused actually committed the crime. According to Oxford Dictionary2 corroboration mean evidence given to further support or strength existing evidence.

Corroboration according to the Evidence Ac3t refers to an independent statement made by other witness which proves the truth of the first evidence. It is also refer to as the requirement in some jurisdiction such as Scotland that any evidence adduced be backed up by at least one other source.


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