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RELATIONSHIP OF WITNESS TO VICTIM IS IRRELEVANT

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Where the evidence of such a witness is otherwise credible and sufficiently of probative value to the charge, the fact of his relationship to the victim or that he has other personal interest of his own to serve is by itself not sufficient to reject his evidence. In law, causes are not lost on the basis that the witness/s is/are members of the same family, association or community. Even where the Court fails or omits to caution or warn itself on evidence that is true in fact and sufficient to ground a charge, the failure or omission would not weaken the validity of such evidence or be fatal to a conviction.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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DEMEANOUR OF WITNESSES IN THE EVALUATION OF EVIDENCE

The trial Judge should take into consideration the demeanour of witnesses in the evaluation of evidence. Demeanour, which is outward or overt behaviour or manner of a witness, is the exclusive domain of the trial Judge. It includes all open habits and mannerisms of the witness. These ooze out from the body of the witness spontaneously and not tutored. Some of such body movements include a spontaneous positive or negative reaction to a question; shouting at a particular moment or the opposite action of a pretentious mum conduct; movement of part of the body, particularly the hands and the sudden change in the face arising either from anger or happiness, the latter resulting in either a smile or laughter. Another is a sudden remorse on the part of the witness, usually exhibited by refusal to look at the Judge or Counsel, or others in the court, but a sudden drop of the face in the witness box. There are quite a number of behaviours in the determination of demeanour which cannot be exhausted. I can stop with the above as the major conducts of witnesses. I should complete the picture by saying that as appellate judges are deprived of watching the demeanour of witnesses, trial Judges owe the administration of justice a big duty to arrive at the correct conclusion. Of course appellate Judges are not completely hopeless or helpless. They can watch the evaluation of demeanour by the Judge in the cold records.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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WHEN IS A WITNESS TAINTED

The position is that a tainted witness is either an accomplice or a witness who has an interest to defend or a purpose to serve in a case in which he is called upon to give evidence as a witness. It has to be shown that the witness has some peculiar interest to protect or purpose to serve in the evidence he gives in a case in order to make him a tainted witness.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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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

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THE PROSECUTION NEED NOT CALL A HOST OF WITNESSES

There is no doubt that the defence is not to determine how many witnesses the prosecution will call to testify in Court. The State is at liberty to call only one witness or as many as it desires as long as the testimony of a sole witness is sufficient to establish the ingredients to the charge. See; Bayo Adelumola Vs. The State (1988) NWLR (pt.73)683; (1988) LPELR 119 (SC).

— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013

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WITNESS INCONSISTENT ON MATERIAL FACTS

Thus, in considering and ascribing probative values to the evidence of witnesses, a Court is under duty to appraise it to see whether they are admissible, cogent, credible and probable. Thus, in the discharge of this onerous but very essential duty, a Court will be wary of crediting any witness who has either been so discredited or his so inconsistent on material facts in contention between the parties. It is for this reason that it is settled law that no witness who has given materially inconsistent evidence on oath is entitled to the honour of credibility and such a witness does not deserve to be treated as a truthful witness. See Ezemba v. Ibeneme (2009) 14 NWLR (Pt. 789) 623.

— B.A. Georgewill JCA. Stanbic IBTC Bank Plc V. Longterm Global Capital Limited & Ors. (CA/L/427/2016, 9 Mar 2018)

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PROSECUTION MUST NOT CALL ALL WITNESSES, SUFFICIENT WITNESSES ARE ENOUGH

Secondly, it is a well established principle of law that it is not necessary for a person on whom the onus of proof lies, even in criminal cases, to call every available piece of evidence in order to discharge that burden. It is enough if evidence is tendered sufficient to discharge the onus which the law lays upon the prosecution. See: Francis Odili v. The State (1977) 4SC 1 or (1977) 11 NSCC 154 at 158 and Joshua Alonge v.I.G. of Police (1959) SCNLR 516; (1959) 4 FSC 203 or (1959) 1 NSCC 169. In the Francis Odili case, the appellant was convicted and sentenced to death. Following his arrest, the appellant was identified at an identification parade by one of the two Rev. Sisters they violently robbed with arms. At the trial, he pleaded alibi. The learned counsel contended inter alia that the evidence of identification was unreliable and that the prosecution failed to call two other eye witnesses to the incident. On appeal, this court per Alexander C.J.N. stated as follows:- “Counsel’s last submission was that the 2 night guards should have been called as witnesses as they were present throughout………………..The tribunal, in its judgment, pointed out that the defence had an equal opportunity to call the night guards if they considered that the evidence of the night, guards would be favourable to them. The tribunal found no merit in this submission and we unhesitatingly agree. The prosecution is not required to call very available piece of evidence to prove its case. It is enough if sufficient evidence is called to discharge the onus of proof beyond reasonable doubt.”

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

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