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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Having regard to the provisions of section 132(1) of the Evidence Act, oral evidence cannot be admitted to contradict, alter, add to or vary a contract or document unless such evidence falls within any of the matters that may be proved by such oral evidence by virtue of the provisos thereto. The provisos only permit evidence which will not be inconsistent with the terms of the relevant contract or document.
– Uwaifo JSC. Fortune v. Pegasus (2004)
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.”
With due deference to the learned Senior Advocate of Nigeria, it is settled law that evidence of a witness taken in an earlier proceedings is not relevant in a later trial or proceeding except for the purpose of discrediting such a witness in cross examination and for that purpose only. – Sanusi JCA. Enejo v. Nasir (2006)
“No doubt the legal proposition that where there is oral as well as documentary evidence, documentary evidence should be as a hanger from which to assess oral testimony is a sound one.” – per Nnaemeka Agu, J.S.C. in Kimdey & Ors. v. Military Governor of Gongola State & Ors. (1988) 2 NWLR (Pt.77) 445; (1988) 1 NSCC 827, 851.
— Ogundare, JSC. Ibrahim v Barde (1996) – SC.74/1995
The position of the law is that once documentary evidence supports oral evidence, such oral evidence becomes more credible. The reasoning is premised on the fact and the law that documentary evidence serves as a hanger from which to assess oral testimony.
– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)
Can this evidence pass for its content of oral agreement of a yearly tenancy to vitiate the termination of the lease in 1980? Can the bare ipse dixit of a witness of the existence of oral evidence turn around in his favour in the face of clear documentary evidence to the contrary? I have a few more questions to ask but I can stop here.
– Tobi JSC. Odutola v. Papersack (2007)
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