“…even if Section 137(1) of the Evidence Act applies it was complied with. The question whether the Subsection does apply was fully argued before us and since Duffus, J., held that it did we think it desirable that we should give a ruling. In the one reported case in which the applicability of the Subsection has been considered by this Court, Ikoku v. Oli [1962] 1 All N.L.R. 196, the members of the Court were divided in their opinions, but the nature of the present claim is quite different from that of the claim in Ikoku v. Oli and the judgments in that case were concerned with a question which does not arise here. The Subsection applies where “the commission of a crime by a party to any proceedings is directly in issue.”
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