No law says a relation could not give evidence of what he knew, simply because he is related to the party in whose favour he is to give the evidence.All that is necessary, in such situation, is for the Court to warn itself of the danger of the likelihood of partisanship – see Idowu v. The State (2011) LPELR-3597 (CA) 69-70, D-B.
— O.O. Arowosegbe, J. Danjuma v Royal Salt Ltd. & Anor. (2020)
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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...
The trial court does not come to a decision by the quantity of the witnesses but on the quality or probative value of the testimony of the witnesses. — O.O. Adekeye, JSC. Mini Lodge v. Ngei (2009) – SC.231/2006 Was this dictum helpful? Yes 0 No 0...
No doubt, the prosecution is only obliged to call witnesses whose evidence is vital to the determination of the case for the prosecution and whose evidence would settle vital points of facts one way or the other to remove any element of doubt in respect of the guilt of the Defendant from the case of...
Bello, JSC, in AJIDE v. KELANI (1985) 3 NWLR (pt.12) 248 at 200 – 261, (1985) 16 NSCC (pt.2) 1298 at 1309, stated the options thus – “He may cross-examine the witness on the writing and if he is satisfied with the answer given by the witness or if he does not intend to pursue...
It is trite law that there is no rule which imposes an obligation on the prosecution to call a host of witnesses; all the prosecution need do is to call enough material witnesses to prove its case, and in so doing it has a discretion in the matter. See: Samuel Adaje v. The State (1979)...
Onubogu and Anor v. The State (1974) 9 S.C. 1, 20: the Supreme Court opined that where in a criminal case, one witness called by the prosecution’ contradicts another prosecution witness on a material point, the prosecution ought to lay some foundation, such as showing that a witness was hostile, before they can ask the...
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