STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

NOT CALLING VITAL WITNESSES VS NOT CALLING A PARTICULAR WITNESS

Reach more audience. Place advert here.

The first point that needs be emphasised is that the presumption under section 149(d) of the Evidence Act will only apply against whom it is sought that it should operate where that party has infact withheld the particular piece of evidence in issue and if he did not call any evidence on the point. It only applies when the party does not call any evidence on the issue in controversy and not because he fails to call a particular witness. See: Bello v. Kassim (1969) NSCC 228 at 233; Okunzua v. Amosu (1992) 6 NWLR (Pt. 248) 416 at 435. The section deals with the failure to call evidence on the issue in controversy and not because he fails to call a particular witness. See: Bello v. Kassim (1969) NSCC 228 at 233; Okunzua v. Amosu (1992) 6 NWLR (Pt. 248) 416 at 435. The section deals with the failure to call evidence and not the failure to call a particular witness as a party is not bound to call a particular witness if he thinks he can prove his case otherwise. See: Francis Odili v. The State (1977) 4 SC 1 at 8; Alonge v. inspector-General of Police (1959) SCNLR 516; (1959) 4 FSC 203 etc. Mere failure to produce the evidence in issue would not necessarily amount to withholding such evidence. See: Ganiyu Tewogbade v. Arasi Akande (1968) (Pt. 2) NMLR 404 at 408. So, in Francis Odili v. The State supra, learned defence counsel’s submission was that only one of the two Rev. Sisters robbed with violence was called to identify and to testify against the appellant and that the second Rev. Sister and the two night guards who were present during the robbery should have been called as witnesses particularly as the appellant’s defence was that of alibi. This court as already pointed out dismissed this contention as misconceived as the prosecution was not required to call a host of witnesses to prove a particular issue.

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

Was this dictum helpful?

SHARE ON

witness

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

Was this dictum helpful?

COURT SHOULD DISALLOW IRRELEVANT QUESTION DURING EXAMINATION

A court has a duty to disallow a question which is not relevant to the proceedings; but a question which is relevant can freely be put to a witness and must be answered, although the weight to be attached to the answer is an entirely different matter. Thus relevance and admissibility are closely knit together while the question of weight appertains to the province of evaluation and should, as always, be kept in separate compartment.

– Achike JCA. Adeyemi v. Edigin (1990)

Was this dictum helpful?

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)

Was this dictum helpful?

WITNESS DEPOSITION MUST BE FILED WHETHER WITNESS IS SUBPOENAED OR NOT IN AN ELECTION PETITION

From the foregoing judicial decisions, it is clear that in election petition litigation, whether the witnesses which a party intends to call are ordinary or expert witnesses and whether they are willing or subpoenaed witnesses, their witness depositions must be filed along with petition before such witnesses will be competent to testify before the tribunal or court.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

Was this dictum helpful?

WHETHER OR NOT A WITNESS IS AN ACCOMPLICE IS ONE OF LAW

The question whether or not a witness is an accomplice is one of law not of fact and if, as here, the learned trial Judge erred in regarding P.W.(18) as an accomplice (to the crime of conspiracy) it is certainly open to an appellate court (and in this instance, the Federal Court of Appeal) to reverse the erroneous view of the learned trial Judge.

— Idigbe, JSC. Ishola v State (1978) – SC.8/1977

Was this dictum helpful?

A CASE IS PROVED BY THE QUALITY OF WITNESSES, NOT QUANTITY

As the Supreme Court per Tobi, JSC puts it in Nigerian Army v. Major Jacob Iyela [2008] LPELR-2014 (SC); [2008] 7-12 SC 35; [2008] 18 NWLR (Pt. 1118) 115: A case is not necessarily proved by the quantity of witnesses. A case is proved by the quality of the witnesses in the light of either inculpatory or exculpatory evidence, as the case may be. And so, it does not necessarily follow that because the respondent called four witnesses, they rebutted the evidence of the two witnesses of the appellant.

Was this dictum helpful?

No more related dictum to show.