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QUALITY OF EVIDENCE IS MORE RELEVANT THAN THE QUANTITY

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Dictum

The first point that must be made is that a court of law needs not take into account the number of witnesses for each side to a dispute as a relevant factor in deciding which side to succeed. What is primarily relevant is the quality of the evidence adduced before the court. In this regard, Section 179(1) of the Evidence Act provides as follows:- “179(1) Except as provided in this section, no particular number of witnesses shall in any case be required for the proof of any fact.”

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

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SILENCE COULD AMOUNT TO ACCEPTANCE

It is a settled principle of law that where an adversary or a witness called by him testifies on a material fact in controversy in a case, the other party should, if he does not accept the witness’s testimony as true, cross-examine him on that fact, or at least show that the he does not accept the evidence as true, where, as in this case, he fails to do either, a court can take his silence as an acceptance that the party does not dispute the facts.

– Nnaemeka-Agu JSC. Amadi v. Nwosu (1992)

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NOT FUNCTION OF THE COURT TO SUPPLY OMISSION

The main thrust of the appeal appears to be that if the original of the public document is lost or destroyed thereby rendering the making of a certified copy impracticable, it would be unjust not to admit other form of secondary evidence such as a photocopy of the original document. I share the plight of the appellant but it must be borne in mind that the duty of the court is to expound the law and not to expand it. It is not the function of the court to supply omissions in statutes and thereby embark on judicial legislation.

– Edozie, JSC. Araka v. Egbue (2003) – SC.167/1999

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ONLY DOCUMENTARY EVIDENCE CAN CONTRADICT DOCUMENTARY EVIDENCE

However the conflict is not strong to hold his evidence is of no value when the documentary evidence speaks for itself. It is trite the best evidence to challenge documentary evidence is same Documentary evidence. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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TAKING EVIDENCE BY HIGH COURT INSTEAD OF MAGISTRATE COURT

It seems to me that if under the provisions of Order 23, rule 54 of the High Court Rules of Anambra State, 1988 a Magistrate or any officer of the court is permitted to take the evidence of a witness by way of commission, it cannot, with respect, be right to suggest that a High Court Judge, a judicial officer with much higher jurisdiction and status than a Magistrate or any other officer of the court is incompetent to take such evidence unless there exists any law which stipulates to the contrary. I know of no such law and my attention has not been drawn to any in this appeal. I am therefore of the view that the High Court was right by taking the evidence of the fourth defendant by way of commission as urged upon the court by learned Counsel for the appellant.

— Iguh JSC. Chime v Chime (2001) – SC 179/1991

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EVIDENCE BY WITNESS IN PREVIOUS PROCEEDINGS CANNOT BE USED IN LATER PROCEEDING

It is settled law that evidence given in a previous case cannot be accepted as evidence in a subsequent proceedings except in conditions where the provisions of section 34(1) of the Evidence Act applies. Even where a witness who testified in a previous proceeding testifies again in a subsequent proceeding, the previous evidence has no greater value than its use in cross-examination of the witness as to his credit. Romaine v. Romaine (1972) 4 NWLR (Part 238) 650 at 669; Ayinde v. Salawu (1989) 3 NWLR (Part 109) 297 at 315; Alade v. Aborishade (1960) 5 FSC 167; Irenye v. Opune (1985) 2 NWLR (Part 5) 1 at 6-8 Sanyaolu v. Coker (1983) 1 SCNLR 168.

— F.F. Tabai JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003

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SETTLED PRINCIPLES WHICH GUIDE THE COURT WHETHER TO ADMIT FRESH EVIDENCE

As rightly submitted by learned counsel for both parties, there are settled principles, which guide the Court in determining whether to grant leave to adduce fresh or further evidence. They are, inter alia, as follows: (a) The evidence sought to be adduced must be such as could not have been, with reasonable diligence, obtained for use at the trial, or are matters which have occurred after judgment in the trial Court. (b) In respect of other evidence other than in (a) above, as for instance, in respect of an appeal from a judgment after a hearing on the merits, the Court will admit such fresh evidence only on special grounds. (c) The evidence should be such as if admitted, it would have an important, not necessarily crucial effect on the whole case; and (d) The evidence must be such as apparently credible in the sense that it is capable of being believed and it need not be incontrovertible. See: Asabaro vs Aruwaji (1974) 4 SC (Reprint) 87 @ 90 – 91: Akanbi vs Alao (1989) 3 NWLR (Pt.108) 118@ 137 – 138 H – B: Esangbedo vs The State (1989) 4 NWLR (Pt.113) 57 @ 67 A-C.

— K.M.O. Kekere-Ekun, JSC. Williams v Adold/Stamm (2007) – SC.404/2013

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