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ORAL EVIDENCE CANNOT BE ALLOWED TO CONTRADICT DOCUMENTARY EVIDENCE

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Dictum

A.-G., Enugu State v. Avop Plc. (1995) 6 NWLR (Pt. 399) 90 at 125, D per Tobi JCA: ‘And what is more, it is a general principle of law that oral evidence cannot be allowed to contradict documentary evidence. Sec generally section 132(1) of the Evidence Act Cap. 112, Laws of the Federation of Nigeria. This principle of law is based on the premise that (a) the document was first in time and that the possibility of the oral evidence becoming an after thought cannot be entirely ruled out; (b) witness tells more lies than a document. Although a document can also lie by human intervention, the frequency of the lies on the part of a witness in court is much more than a document.’

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TESTIFYING IN NATIVE LANGUAGE IS NOT PROOF OF ILLITERACY

It is also imperative to note that the fact that a witness opted to testify in his native language, is not a conclusive evidence that he is an illiterate. He may choose to do so because he feels much comfortable expressing himself in his mother-tongue, and not because he did not know how to write or read.

– T.N. Orji-Abadua, JCA. Kabau v. Rilwanu (2013) – CA/K/179/2001

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FAIR HEARING NOT BREACHED WHEN A DOCUMENT IS EXPUNGED BY TRIAL JUDGE

I have seen in recent times counsel forcing into cases the principles of fair hearing even when they are so distant from the case. The principles of fair hearing will not be invoked in favour of a party where the trial Judge correctly expunges an exhibit earlier admitted. It is only when the document is wrongly or wrongfully expunged from the record that a party can be heard to canvass to an appellate court that he was denied fair hearing. – Niki Tobi, JSC. Brossette v. Ilemobola (2007)

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HOW CONTENTS OF A DOCUMENT MAY BE PROVED

Goodwill & Trust Investment Ltd & Anor. vs. Witt & Bush Ltd (2011) 8 NWLR Part 1250 page 500 at 533, where Onnoghen, J.S.C. at page 533 stated thus: “it is settled law that contents of a document can be proved in a proceeding by tendering the original documents or where the original is unavailable by a certified true copy of the said original as secondary evidence of the contents of the said original.”

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WHERE ORAL EVIDENCE IN PRIOR TRIAL MAY BE USED

Ariku v. Ajiwogbo (1962) All NLR (Pt. 4) 630, Ademola CJF (of blessed memory) delivering the judgment of the Supreme Court stated the law as follows:- “This court has frequently directed attention to the practice, now not uncommon of making use of evidence of a witness in another case as if it were evidence in the case on trial. As was pointed out in Alade v. Aborishade (1960) 5 FSC 167 at 171, this is only permissible under section 33 or 34 of the Evidence Act. Where a witness in a former case is giving evidence in a case in hand, his former evidence may be brought up in cross-examination to discredit him if he was lying, but evidence used for this purpose does not become evidence in the case in hand for any other purpose. There are also prerequisites to the making use of the former testimony of a witness; for example his attention must be called to the former case where such evidence was given and he would be reminded of what he had said on the occasion.”

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FACTS SHOULD NOT BE IMPORTED TO A DOCUMENT

In the construction of the contents of a document a court is bound to look at the words used therein and not import facts not stated in the document except where reference is made to another document. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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