COURT - Native Court - Whether the Native Courts have the discretion to invite a witness to take an oath as provided under the Criminal Procedure Code

COURT – Native Court – Whether the Native Courts have the discretion to invite a witness to take an oath as provided under the Criminal Procedure Code

“We are unable to agree with Mr Cole’s view of the interpretation of Sec. 391(2) of the Criminal Procedure Code. The section, in our view, gives a discretion to the Native Court to invite a witness, “either before he gives his evidence or at any subsequent stage of the proceedings” to take an oath as to the truth of what he was going to say or what he had said: again a witness may be invited to take an oath as to a particular portion of his evidence only. It is not obligatory on the part of the Court to do so; it is a matter of discretion for the Court whether or not it will invite the witness to take an oath. It must be made clear, however, that the matter is not left to the whims of the Court, but it is a discretion to be exercised in appropriate cases.”

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in MANAMA V. BORNU, N.A. (1964) LCER-301(SC) (Pp 4 – 5, Paras E – B) #

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COURT – Native Court – Whether the Native Courts have the discretion to invite a witness to take an oath as provided under the Criminal Procedure Code

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC in MANAMA V. BORNU, N.A. (1964) LCER-301(SC) (Pp 4 – 5, Paras E – B) #

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