It is wrong and improper to treat the evidence given by a witness in a previous proceeding as one of truth in a subsequent or later proceeding, in which he has not given evidence. See Obawole & Anor. v. Coker (1994) 5 NWLR 416, Alade v. Aborishade (supra); Enang & Anor. V. Ukanem & Ors. (1962) 1 All.N.LR. 530, and Ariku v. Ajiwogbo (1962) 2 S.C.N.L.R 369.
— G.A. Oguntade, JSC. Tijani Dada v Jacob Bankole (2008) – S.C. 40/2003
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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
It is elementary law that parties are bound by their pleadings and facts not pleaded will go to no issue. In other words, evidence on facts not pleaded will not avail the party relying on the evidence.
– Niki Tobi JSC. Okonkwo v. Cooperative Bank (2003)
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
Ezra v. State (2026): ‘This court in plethora of authorities has held that the best evidence the prosecution can lead in a criminal trial is where the eye witness is direct and his evidence gives an on the spot narration of the event as it happened. Such evidence is usually accorded high probative value.’ per Ogunwumiju J.S.C.
And, apart from this, there is a long line of authorities establishing that competency is not a matter of age but of understanding and that if a child understands the nature of an oath, the provisions in question are completely out of place. See Reg. v. Perkins (1840) 9 C. & P. 395 (or 173 E.R.884); also R. v. Michael Moscovitch (1924) 18 CAR 37. – Coker JSC. Okoye v. State (1972)
It is already a settled law that an affidavit evidence constitutes evidence and must be so construed, hence, any deposition therein which is not challenged or controverted is deemed admitted.
– O. Ariwoola, JSC. Tukur v. Uba (2012) – SC.390/2011
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