In other words by virtue of section 91(3) of the Evidence Act Cap 112 Laws of the Federation of Nigeria 1990, any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish is inadmissible. See Salako vs. Williams (1998) 11 NWLR (Pt. 974) 565. However, as rightly submitted by Respondents’ counsel, expert evidence is treated as an exception to Section 91(3) of the Evidence Act. In Apena vs. Aiyetobe supra it was held that a surveyor or any expert in his field of knowledge who makes a statement in any form in respect of a matter in court at any stage of the proceedings is generally regarded as a person who has no temptation to depart from the truth as he sees it from his professional expertise. The submission of Appellants counsel on this issue is not tenable as there is no evidence to support his conclusion that DW2 as handwriting analyst made the report to favour the Respondents because they paid him. There must be a real likelihood of bias before a person making a statement can be said to be a “person interested” within the meaning of section 91(3) of the Evidence Act. In the instant case there is no evidence on record.
— A.G. Mshelia, JCA. Ize-Iyamu v Alonge & Ors. (2007) – CA/L/184/03