WHO IS A TAINTED WITNESS?

A tainted witness has been classified as one who is either an accomplice or by the evidence he gives, whether as a witness for the prosecution or defence, may and could be regarded as having some purpose of his own to serve. See: Ishola v. The State (1978) NSCC 499 at 509.

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

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NO LAW SAYS A RELATION CANNOT GIVE EVIDENCE

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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WHO IS A VITAL WITNESS

A vital witness is a witness whose evidence may determine the case one way or the other and failure to call a vital witness is fatal to the prosecution s case. In other words, a witness who knows something significant about a matter is a vital witness. In Onah v. State (1985) 3 NWLR Pt. 12 Pg.236 a vital witness was described as a witness whose evidence may determine the case one way or the other and it is settled that the failure to call such a witness is fatal to the prosecution’s case.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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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.”

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NEGATIVES OF PHOTOGRAPH REQUIRES PHOTOGRAPHER TO BE CALLED TO TESTIFY

Photographs taken of the deceased’s corpse are secondary evidence. They become admissible only when the negative is also tendered and their inadmissibility has nothing to do with the maker or photographer. However in this age of digital photography where the negatives are stored electronically, it becomes necessary for the photographer to be called to testify. — K.B. Aka’ahs, JSC. Mati Musa v The State (2019) – SC.902/2014

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A CASE IS PROVED BY THE QUALITY OF EVIDENCE, NOT QUANTUM

A case is proved by either oral evidence or documentary/real evidence or a combination of all of this. It is not the quantum of evidence/witnesses, but the quality of the evidence/witnesses that matters. See Onwuka v. Ediala [1989] 1 NWLR (Pt.96) 182 at 187 and Lafarge Cement WAPCO Nigeria Plc v. Owolabi [2014] LPELR-24385(CA).

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013 para. 67.

QUALITY OF TESTIMONY OF WITNESSES

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WHO IS A TAINTED WITNESS?

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NO LAW SAYS A RELATION CANNOT GIVE EVIDENCE

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WHO IS A VITAL WITNESS

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

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NEGATIVES OF PHOTOGRAPH REQUIRES PHOTOGRAPHER TO BE CALLED TO TESTIFY

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A CASE IS PROVED BY THE QUALITY OF EVIDENCE, NOT QUANTUM

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