PROSECUTION OWES NOT THE COURT A DUTY TO CALL HOST OF WITNESSES

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

TO CONTRADICT A WITNESS BY HIS PREVIOUS WRITING; MUST SHOW WITNESS THE WRITING

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 the matter further, he is not required to show the writing to the witness or to prove the writing. But if the cross-examiner intends to contradict the witness by the writing, then he must show the writing to witness and call his attention to those part of the writing which are to be used for the purpose of contradicting the witness. It is only after this condition has been complied with that the writing can be admitted in evidence.”

HOST OF WITNESSES IS NOT NEEDED FOR SUCCEEDING

In OCHIBA v. THE STATE (2011) LPELR 8245 (SC) where it was held as follows: “I need to say it that it is settled Law that the prosecution was not obliged to call a host of witnesses in order to discharge the burden placed on it to prove the charge against the appellant beyond reasonable doubt as dictated by section 138(1) of the Evidence Act. A sole witness like P.w.1, who has given credible and clear evidence which was believed by the trial Judge, will suffice. See OBUE V THE STATE (1976) 2 SC 141; SADAM v THE STATE [2010] 12 SC (PT.1) 73 at 87-88; AKPAN v THE STATE [1991] 3 NWLR (PT 182) 695”.