WHO IS A VITAL WITNESS

QUALITY OF TESTIMONY OF WITNESSES

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

IT IS WITNESS WHO IS TO EXPLAIN INCONSISTENCY, NOT COUNSEL

A line of decisions of this court, including Onubogu v. The State (1974) 9 SC.1 at p.20; Ateji v. The State (1976) 2 SC 79 at pp. 83 – 84; Boy Muka v. The State (1976) 9-10 SC 193 at p.205, has held that in such a situation there is a failure to prove the criminal allegation beyond reasonable doubt. The person to explain the inconsistency is a witness(es) called by the party in whose case there are inconsistencies or contradictions, and not the counsel from the Bar. Afterall, a bare statement from the Bar has no force of legal evidence. The law is settled that the courts do not accept argument of counsel as substitute for evidence.

— Eko, JSC. Anyanwu v. PDP (2020) 3 NWLR (Pt. 1710) 134

WHO IS A TAINTED WITNESS

A tainted witness falls into one or both of the two categories hereunder listed: (1) A witness who is an accomplice in the crime charged. (2) A witness who, by the evidence he gives, may and could be regarded as having some purpose of his own to serve. Rasheed Olaiya v. The State (2010) Vol. 180 LRCN 1-197 p.34; The State v. Dominic Okoro & Ors (1974) 2 SC 73 at 82; Ishola v. The State (1978) 9-10 SC 73 at 100 .

— N.S. Ngwuta, JSC. Odogwu v State (2013) – SC.122/2009

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.”

DEMEANOUR OF WITNESSES IN THE EVALUATION OF EVIDENCE

The trial Judge should take into consideration the demeanour of witnesses in the evaluation of evidence. Demeanour, which is outward or overt behaviour or manner of a witness, is the exclusive domain of the trial Judge. It includes all open habits and mannerisms of the witness. These ooze out from the body of the witness spontaneously and not tutored. Some of such body movements include a spontaneous positive or negative reaction to a question; shouting at a particular moment or the opposite action of a pretentious mum conduct; movement of part of the body, particularly the hands and the sudden change in the face arising either from anger or happiness, the latter resulting in either a smile or laughter. Another is a sudden remorse on the part of the witness, usually exhibited by refusal to look at the Judge or Counsel, or others in the court, but a sudden drop of the face in the witness box. There are quite a number of behaviours in the determination of demeanour which cannot be exhausted. I can stop with the above as the major conducts of witnesses. I should complete the picture by saying that as appellate judges are deprived of watching the demeanour of witnesses, trial Judges owe the administration of justice a big duty to arrive at the correct conclusion. Of course appellate Judges are not completely hopeless or helpless. They can watch the evaluation of demeanour by the Judge in the cold records.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008