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DEMEANOUR OF WITNESSES VIS-A-VIS DOCUMENTARY EVIDENCE

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Dictum

An appellate court should not ordinarily substitute its own views of fact for those of the trial court. See: Ebba v. Ogodo (1974) 1 SCNLR 372; Balogun v. Agboola (1974) 1 All NLR (pt. 2) 66. Ascription of probative value to the evidence of witnesses is pre-eminently the business of the trial court which saw and heard the witnesses. An appeal court will not lightly interfere with same unless for compelling reasons. But where evidence has nothing to do with the demeanour of witnesses or relates to interpretation to be placed on documents tendered before the court, an appellate court will be in a good position to act accordingly. See: Ebba v. Ogodo (supra); Ogbechie Onochie (1998) 1 NWLR (Pt.470) 370. An appellate court will not interfere with findings of fact except where wrongly applied to the circumstance of the case or vital documents tendered were jettisoned or conclusion arrived at was patently perverse or wrong, See: Nwosu v. Board of Customs & Excise (1988) 5 NWLR (Pt. 93) 225; Nneji v. Chukwu (1996) 10 NWLR (pt. 378) 265. And where there is conflict in the evidence of witnesses, documentary evidence will serve as a hanger on which the truth shall be resolved. Documents tendered as exhibits are very vital as they do not embark on falsehood like some mortal beings. See: Olujinle v. Adeagbo (1988) 2 NWLR (Pt.75) 238.

— J.A. Fabiyi, JSC. BFI v. Bureau PE (2012) – SC.12/2008

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HOST OF WITNESSES IS NOT NEEDED FOR SUCCEEDING

In OCHIBA v. THE STATE (2011) LPELR 8245 (SC) where it was held as follows: “I need to say it that it is settled Law that the prosecution was not obliged to call a host of witnesses in order to discharge the burden placed on it to prove the charge against the appellant beyond reasonable doubt as dictated by section 138(1) of the Evidence Act. A sole witness like P.w.1, who has given credible and clear evidence which was believed by the trial Judge, will suffice. See OBUE V THE STATE (1976) 2 SC 141; SADAM v THE STATE [2010] 12 SC (PT.1) 73 at 87-88; AKPAN v THE STATE [1991] 3 NWLR (PT 182) 695”.

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EVIDENCE OF A SINGLE WITNESS CAN CONVICT

A man may be convicted on the evidence of a single witness. However such evidence must be credible and cogent. – Ogunwumiju JCA. Okeke v. State (2016)

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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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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

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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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A CASE IS PROVED BY THE QUALITY OF EVIDENCE, NOT QUANTUM

A case is proved by either oral evidence or documentary/real evidence or a combination of all of this. It is not the quantum of evidence/witnesses, but the quality of the evidence/witnesses that matters. See Onwuka v. Ediala [1989] 1 NWLR (Pt.96) 182 at 187 and Lafarge Cement WAPCO Nigeria Plc v. Owolabi [2014] LPELR-24385(CA).

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013 para. 67.

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