NO MATTER HOW BRILLIANT COUNSEL SUBMISSION IS, IT CANNOT TAKE THE PLACE OF EVIDENCE

The argument of the claimants that to adopt UTAS will promote inefficiency and discrimination in the public service of Nigeria has not been shown by any evidence other than the submission of the learned senior counsel to the claimants. No matter how brilliantly crafted an address of counsel is, it neither constitutes, nor can it take the place of evidence. See APC v. Sheriff & ors [2023] LPELR-59953(SC). And a a bare statement from the Bar by a counsel has no force of legal evidence. See Maduabuchi Onwuta v. The State of Lagos [2022] LPELR-57962(SC).

— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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AFFIDAVIT EVIDENCE CONSTITUTES EVIDENCE

It is already a settled law that an affidavit evidence constitutes evidence and must be so construed, hence, any deposition therein which is not challenged or controverted is deemed admitted.

– O. Ariwoola, JSC. Tukur v. Uba (2012) – SC.390/2011

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CLAIMANT MUST RELY ON THE STRENGTH OF HIS OWN CASE AND SUPPORT FROM EVIDENCE OF DEFENDANT

I bear in mind the well-established principle of law that in every civil action in which a declaration is sought from the Court, a claimant who seeks the declaratory relief must succeed on the strength of his own case as made out creditably in the evidence put forward by him in support of his case and not to merely rely on the weakness or even absence of the Defendant’s case. However, where the evidence of the Defendant supports the case of the claimant, he is perfectly entitled to rely on such evidence. See Nsirim v Nsirim (2002) FWLR (pt. 96) 433 @ p. 441.

— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014

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BEST EVIDENCE THE PROSECUTION CAN LEAD IS DIRECT EVIDENCE

Ezra v. State (2026): ‘This court in plethora of authorities has held that the best evidence the prosecution can lead in a criminal trial is where the eye witness is direct and his evidence gives an on the spot narration of the event as it happened. Such evidence is usually accorded high probative value.’ per Ogunwumiju J.S.C.

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PAIN SUFFERED NEED CANNOT BE ASSESSED BY MEDICAL EVIDENCE

As far as I am aware, there is no known means of medically assessing the intensity or otherwise of the pain a person is going through. When related to injury, medical evidence can only describe the nature of the injury but not the pain that goes with it. The more severe the injury the more likely the severity of the pain. Such pain can merely be imagined by a person who has seen when and how the injury occurred or who sees the nature of the injury later and was told how it happened including the medical doctor who may have treated the victim and noticed the agony he expressed by words or action or through groaning; or to whom the nature of the injury is described and the circumstances in which it occurred. For instance, a person who saw how any person’s limb, e.g. leg, was crushed by a heavy object would literally feel, pathologically, some reflexes which tend to register in him that the victim has undergone severe pain. When told about it he will likely imagine the severity of the pain. But the real nature of the pain can best be experienced or described by the victim.

– Uwaifo JSC. C & C Constr. v. Okhai (2003) – SC.8/1999

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EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.

– Augie JSC. Bank v. TEE (2003)

EVERY RELEVANT EVIDENCE IS ADMISSIBLE

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NO MATTER HOW BRILLIANT COUNSEL SUBMISSION IS, IT CANNOT TAKE THE PLACE OF EVIDENCE

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AFFIDAVIT EVIDENCE CONSTITUTES EVIDENCE

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CLAIMANT MUST RELY ON THE STRENGTH OF HIS OWN CASE AND SUPPORT FROM EVIDENCE OF DEFENDANT

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BEST EVIDENCE THE PROSECUTION CAN LEAD IS DIRECT EVIDENCE

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PAIN SUFFERED NEED CANNOT BE ASSESSED BY MEDICAL EVIDENCE

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EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

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