Now it is settled law that the evidence of a witness taken in an earlier proceeding is not relevant in a later trial. except for the purpose of discrediting such a witness in cross-examination and for that purpose only.
– Kawu, JSC. Ogunnaike v. Ojayemi (1987)
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Before concluding on the said prayer 7 it is helpful to call to mind the observations of Oputa JSC in Obasi v. Onwuka (1987) 3 NWLR (Pt. 61 ) 364, 372 in an application to call additional evidence on appeal: “To talk therefore of assessing the rightness or wrongness of the trial court’s verdict today by evidence that will be given tomorrow is to talk in blank prose. This is the reason why appellate courts are very reluctant to admit “fresh evidence”, “new evidence” or “additional evidence” on appeal except in circumstances where the matter arose ex improviso which no human ingenuity could foresee and it is in the interest of justice that evidence of that fact be led:- R v. Dora Harris (1927) 28 Cox 432. But by and large, at least in criminal cases (and the principle should also be the same in civil cases), the courts lean against hearing fresh evidence on appeal.”
— Oguntade, JSC. UBA v BTL (SC. 301/2003, 15 April 2005)
The argument of the claimants that to adopt UTAS will promote inefficiency and discrimination in the public service of Nigeria has not been shown by any evidence other than the submission of the learned senior counsel to the claimants. No matter how brilliantly crafted an address of counsel is, it neither constitutes, nor can it take the place of evidence. See APC v. Sheriff & ors [2023] LPELR-59953(SC). And a a bare statement from the Bar by a counsel has no force of legal evidence. See Maduabuchi Onwuta v. The State of Lagos [2022] LPELR-57962(SC).
— B.B. Kanyip, J. FG v. ASUU (2023) – NICN/ABJ/270/2022
To my mind, when the testimony of a witness has reached or attained the height of insipid or impotent exaggerations it should be disregarded as mere petulance and treated with ignominy.
– Pats-Acholonu, JSC. C & C Constr. v. Okhai (2003) – SC.8/1999
In the case of Lafia Local Government –V- Executive Governor Nasarawa State & Ors (2012) LPELR – 2060, OLABODE RHODES VIVOUR, JSC at page 23 paras, E-F said: “Evaluation of evidence entails the trial judge examining all evidence before him before making his findings. This is done by putting all the evidence on an imaginary scale to see which side appears outweighs the other.”
Saipem SPA vs. India Tefa (2001) FWLR (pt 74) 377 @p. 394, where this Court had held firmly inter alia, “When evidence of a witness has not been challenged, contradicted or shaken under cross-examination and such evidence is not inadmissible in law, provided the evidence is in line with the facts so pleaded, the evidence must be accepted as the correct version of what was expected to be proved. The Court is not only entitled to but also has no reason not to accept it.”
In Ngene v. Igbo (2000) 4 NWLR (Pt. 651) 131 at 142, this Court, per Ogundare, JSC said: “A long line of cases beginning with Kodilinye v. Mbanefo Odu (1935) 2 W.A.C.A. 336 has laid it down that in a claim for declaration of title the onus is on the plaintiff to prove his case. He must rely on the strength of his own case and not on the weakness of the defence – Jules v. Ajani (1980) 5/7 SC 96 except of course where the weakness of the defendant’s case tends to strengthen plaintiff’s case – Nwagbogu v. Ibeziako (1972) Vol. 2 (Pt.1) ECSLR 335, 338 SC or where the defendant’s case supports his case – Akinola v. Oluwo (1962) 1 SCNLR 352 (1962) 1 All NLR 224 (1962) (Pt. 1) All NLR 225 all of which is not the case here.”
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