Judiciary-Poetry-Logo
JPoetry

COURT CAN PREFER ONE EXPERT WITNESS TO ANOTHER

Dictum

It is trite law that where there is conflict in the opinions of experts, it is the duty of the court to come to a conclusion in the case by resolving such a conflict and can do so by rejecting the opinion of one or the other such experts. See John Wilberforce Bamiro v. S.C.O.A. (1941) 7 WACA 150; R v. Godo (1975), 61 Cr App R.131; Ozigbo v. Police (1976) 1 NMLR 273, Laws and Practice Relating to Evidence in Nigeria by Aguda at p.115 Article 9-05.

— Edozie, JCA. British American v. Ekeoma & Anor. (1994) – CA/E/60/88

Was this dictum helpful?

SHARE ON

WHO IS A TAINTED WITNESS?

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

Was this dictum helpful?

DEMEANOUR OF WITNESSES VIS-A-VIS DOCUMENTARY EVIDENCE

An appellate court should not ordinarily substitute its own views of fact for those of the trial court. See: Ebba v. Ogodo (1974) 1 SCNLR 372; Balogun v. Agboola (1974) 1 All NLR (pt. 2) 66. Ascription of probative value to the evidence of witnesses is pre-eminently the business of the trial court which saw and heard the witnesses. An appeal court will not lightly interfere with same unless for compelling reasons. But where evidence has nothing to do with the demeanour of witnesses or relates to interpretation to be placed on documents tendered before the court, an appellate court will be in a good position to act accordingly. See: Ebba v. Ogodo (supra); Ogbechie Onochie (1998) 1 NWLR (Pt.470) 370. An appellate court will not interfere with findings of fact except where wrongly applied to the circumstance of the case or vital documents tendered were jettisoned or conclusion arrived at was patently perverse or wrong, See: Nwosu v. Board of Customs & Excise (1988) 5 NWLR (Pt. 93) 225; Nneji v. Chukwu (1996) 10 NWLR (pt. 378) 265. And where there is conflict in the evidence of witnesses, documentary evidence will serve as a hanger on which the truth shall be resolved. Documents tendered as exhibits are very vital as they do not embark on falsehood like some mortal beings. See: Olujinle v. Adeagbo (1988) 2 NWLR (Pt.75) 238.

— J.A. Fabiyi, JSC. BFI v. Bureau PE (2012) – SC.12/2008

Was this dictum helpful?

WITNESS DEPOSITION MUST BE FILED WHETHER WITNESS IS SUBPOENAED OR NOT IN AN ELECTION PETITION

From the foregoing judicial decisions, it is clear that in election petition litigation, whether the witnesses which a party intends to call are ordinary or expert witnesses and whether they are willing or subpoenaed witnesses, their witness depositions must be filed along with petition before such witnesses will be competent to testify before the tribunal or court.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

Was this dictum helpful?

A CASE IS PROVED BY THE QUALITY OF EVIDENCE, NOT QUANTUM

A case is proved by either oral evidence or documentary/real evidence or a combination of all of this. It is not the quantum of evidence/witnesses, but the quality of the evidence/witnesses that matters. See Onwuka v. Ediala [1989] 1 NWLR (Pt.96) 182 at 187 and Lafarge Cement WAPCO Nigeria Plc v. Owolabi [2014] LPELR-24385(CA).

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013 para. 67.

Was this dictum helpful?

COURT OF LAW CAN CONVICT ON THE EVIDENCE OF ONE WITNESS

Accordingly, in arriving at a conviction in criminal cases, the court is concerned with whether or not there is sufficient credible evidence of probative value and not the number of witnesses called on an issue. See: Commissioner of Police v. Daniel Kwashie (1953) 14 WACA 319. Where a single witness called by the prosecution is neither an accomplice nor a tainted witness, a court of law is entitled to convict mainly on his credible evidence where his testimony did not by law require corroboration. Once the court is satisfied with the cogency, high quality and credibility of the evidence of a witness and accepts it, conviction based on such evidence should not be interfered with unless such evidence by law requires corroboration. So, in the Daniel Kwashie case, the learned magistrate convicted the appellant on the evidence of one witness. On appeal to the High Court, the learned Judge found that although, corroboration was not required by law, a court was generally reluctant to convict on the evidence of a single witness and proceeded to allow the appeal. On further appeal to the West African Court of Appeal, the appellate judge was reversed and his decision was set aside on the ground that there was sufficient evidence before the learned magistrate on which he based his conviction. It was further held that since the learned magistrate believed the witness and there was no imputation that the sole witness was an accomplice or a tainted witness, it was an error to reverse his decision and the conviction was restored.

— Iguh, JSC. Oguonzee v State (1998) – SC.131/97

Was this dictum helpful?

PROSECUTION OWES NOT THE COURT A DUTY TO CALL HOST OF WITNESSES

The prosecution does not have the obligation to put forward two versions of one incident. See ONUBOGU v. THE STATE (supra); BOY MUKA v. THE STATE (supra); ALFRED ONYEMENA v. THE STATE (1974) ALL NLR 522. Once the prosecution can prove their allegation beyond reasonable doubt with the witnesses they have screened and selected, they would have discharged the burden of proof cast on them by law. They owe neither the Court nor the accused the duty to call a host of witnesses, or a particular witness.

— E. Eko, JSC. Galadima v. State (2017) – SC.70/2013

Was this dictum helpful?

No more related dictum to show.