also an Accomplice, and he relied on the Cases of EZEUKO VS STATE (2016)
6 NWLR (PT.1509) 529 @ 580 – 581, PARAS H-A and QUEEN VS EZECHI
(1982) ALL NLR (PT.1) 113.
According to him, the Law imposes a Statutory Duty on the Court to tread
with caution in convicting solely on the Uncorroborated Evidence of an
Accomplice, and the failure to do so, ought to result in the Convicts Acquittal
and he referred the Court further to the Cases of AMADI VS STATE (1993) 8
NWLR (PT. 313) 644 @ 661; UKUT VS STATE (1966) NWLR 18 and ALLI
VS STATE (1988) 1 NWLR (PT. 68).
He argued that based on Exhibits T, U and Z8-Z16, PW6, PW7 and PW10
appeared to be deeply involved in the allegation against the Defendant, and
are Participis Criminis, whether as Accessories Before or After the Fact.
Again, Learned Counsel referred the Court to the Case of IDAHOSA VS THE
QUEEN (1965) NWLR 85 AT 87to state that it was not impossible for these
Witnesses to fabricate evidence against the Defendant, whether on their own
or to save their respective heads. Therefore, it would be dangerous to rely on
their evidence without Independent Corroboration.
In response, Learned Senior Counsel to the Prosecution contended that the
Defendant’s argument is misplaced in Law. He cited the Dictum of Belgore
(JSC) in the Case of OKOSI VS STATE (1989) 1 NWLR (PT.100) 642 AT
PAGE 657 – 658, as well asSection 198 of the Evidence Act on the Position
of the Law regarding who an Accomplice is, and what would be the relevance
of the evidence of an Accomplice.
According to Learned Senior Counsel, it is not illegal for the Courts to rely on
the evidence of an Accomplice to ground a Conviction, even where such
evidence is not corroborated. An Accomplice is a Competent Witness and he
placed reliance on the Case of AMADI VS STATE (1993) 8 NWLR (PT.314)
644 AT 661, to say, that once the Court is satisfied that the evidence of the
Accomplice is reliable, the Court can proceed on that evidence, but if the
Court is in doubt as to the Truth of the Evidence, then it will become unsafe
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