WHERE EVIDENCE IS CONTRADICTING, ALL SHOULD BE REJECTED

It is well settled that where prosecution witnesses have given conflicting conversions of material facts in issue that the trial Judge before whom such evidence as led must make specific findings on the point and in so doing must give reasons rejecting one version and accepting the other. Unless this is done it will be very unsafe for the court to rely on any of the incidence before it. The proper course in the circumstance is to reject both versions of the evidence as unreliable and unsafe for the purpose of determining the material issue before the court. See: Onubogu v. The State (1974) 9 S.C. 1; Albert Ikem v. The State (1985) WLR (Pt. 2) 378.

— Opene JCA. JIMOH ABDULLAHI & Ors. v THE STATE (1995) – CA/K/180/C/94

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ORAL EVIDENCE IN EARLIER TRIAL NOT RELEVANT IN A LATER TRIAL

With due deference to the learned Senior Advocate of Nigeria, it is settled law that evidence of a witness taken in an earlier proceedings is not relevant in a later trial or proceeding except for the purpose of discrediting such a witness in cross examination and for that purpose only. – Sanusi JCA. Enejo v. Nasir (2006)

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ANY OFFICIAL CAN GIVE TESTIMONY FOR A COMPANY

Comet Shipp. Agencies Ltd v. Babbit Ltd (2001) FWLR (Pt. 40) 1630, (2001) 7 NWLR (Pt. 712) 442, 452 paragraph B, per Galadima JCA (as he then was ) held that: “Companies have no flesh and blood. Their existence is a mere legal abstraction. They must therefore, of necessity, act through their directors, managers and officials. Any official of a company well placed to have personal knowledge of any particular transaction in which a company is engaged can give evidence of such transaction.”

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EVERY RELEVANT EVIDENCE IS ADMISSIBLE

Once a piece of evidence is relevant, it is admissible in evidence irrespective of how it was obtained.

– M.L. Garba JCA. Odogwu v. Vivian (2009) – CA/PH/345/05

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UNCHALLENGED EVIDENCE IS GOOD EVIDENCE IN WHICH A COURT CAN ACT ON

I bear in mind in doing so that in law unchallenged evidence is good evidence on which a Court should act to make findings of facts. See Nwabuoku v. Ottih (1961) 1 All NLR 487 @ p. 490. See also Odulaja v. Haddad (1973) 11 SC 357; Isaac Omoregbe v Daniel Lawani (1980) 3 – 4 SC 108 @ p. 117; Oluhunde & Anor v. Prof. Adeyoju (2000) 14 WRN 160.

— B.A. Georgewill, JCA. Anyi & Ors. v. Akande & Ors. (2017) – CA/L/334/2014

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TAKING EVIDENCE BY HIGH COURT INSTEAD OF MAGISTRATE COURT

It seems to me that if under the provisions of Order 23, rule 54 of the High Court Rules of Anambra State, 1988 a Magistrate or any officer of the court is permitted to take the evidence of a witness by way of commission, it cannot, with respect, be right to suggest that a High Court Judge, a judicial officer with much higher jurisdiction and status than a Magistrate or any other officer of the court is incompetent to take such evidence unless there exists any law which stipulates to the contrary. I know of no such law and my attention has not been drawn to any in this appeal. I am therefore of the view that the High Court was right by taking the evidence of the fourth defendant by way of commission as urged upon the court by learned Counsel for the appellant.

— Iguh JSC. Chime v Chime (2001) – SC 179/1991

COURT MAY RELY ON EVIDENCE UNCHALLENGED

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WHERE EVIDENCE IS CONTRADICTING, ALL SHOULD BE REJECTED

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ORAL EVIDENCE IN EARLIER TRIAL NOT RELEVANT IN A LATER TRIAL

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ANY OFFICIAL CAN GIVE TESTIMONY FOR A COMPANY

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EVERY RELEVANT EVIDENCE IS ADMISSIBLE

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UNCHALLENGED EVIDENCE IS GOOD EVIDENCE IN WHICH A COURT CAN ACT ON

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TAKING EVIDENCE BY HIGH COURT INSTEAD OF MAGISTRATE COURT

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