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WHO IS A VITAL WITNESS

Dictum

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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THE PROSECUTION NEED NOT CALL A HOST OF WITNESSES

There is no doubt that the defence is not to determine how many witnesses the prosecution will call to testify in Court. The State is at liberty to call only one witness or as many as it desires as long as the testimony of a sole witness is sufficient to establish the ingredients to the charge. See; Bayo Adelumola Vs. The State (1988) NWLR (pt.73)683; (1988) LPELR 119 (SC).

— O. Ariwoola, JSC. Galadima v. State (2017) – SC.70/2013

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PROSECUTION ONLY OBLIGED TO CALL VITAL WITNESS

No doubt, the prosecution is only obliged to call witnesses whose evidence is vital to the determination of the case for the prosecution and whose evidence would settle vital points of facts one way or the other to remove any element of doubt in respect of the guilt of the Defendant from the case of the prosecution.

– 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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COURT OF LAW CAN CONVICT ON THE EVIDENCE OF ONE WITNESS

Accordingly, in arriving at a conviction in criminal cases, the court is concerned with whether or not there is sufficient credible evidence of probative value and not the number of witnesses called on an issue. See: Commissioner of Police v. Daniel Kwashie (1953) 14 WACA 319. Where a single witness called by the prosecution is neither an accomplice nor a tainted witness, a court of law is entitled to convict mainly on his credible evidence where his testimony did not by law require corroboration. Once the court is satisfied with the cogency, high quality and credibility of the evidence of a witness and accepts it, conviction based on such evidence should not be interfered with unless such evidence by law requires corroboration. So, in the Daniel Kwashie case, the learned magistrate convicted the appellant on the evidence of one witness. On appeal to the High Court, the learned Judge found that although, corroboration was not required by law, a court was generally reluctant to convict on the evidence of a single witness and proceeded to allow the appeal. On further appeal to the West African Court of Appeal, the appellate judge was reversed and his decision was set aside on the ground that there was sufficient evidence before the learned magistrate on which he based his conviction. It was further held that since the learned magistrate believed the witness and there was no imputation that the sole witness was an accomplice or a tainted witness, it was an error to reverse his decision and the conviction was restored.

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

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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

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COURT CAN PREFER ONE EXPERT WITNESS TO ANOTHER

It is trite law that where there is conflict in the opinions of experts, it is the duty of the court to come to a conclusion in the case by resolving such a conflict and can do so by rejecting the opinion of one or the other such experts. See John Wilberforce Bamiro v. S.C.O.A. (1941) 7 WACA 150; R v. Godo (1975), 61 Cr App R.131; Ozigbo v. Police (1976) 1 NMLR 273, Laws and Practice Relating to Evidence in Nigeria by Aguda at p.115 Article 9-05.

— Edozie, JCA. British American v. Ekeoma & Anor. (1994) – CA/E/60/88

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