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OSARODION OKORO v. THE STATE

evidence of that evidence. Co-accused persons are essentially accomplices but because of Section 177 subsection 2 of the Evidence Act which says that where accused persons are tried jointly and any of them gives evidence on his own behalf which incriminates a co-accused the accused who gave such evidence shall not be regarded to be an accomplice, the evidence of… Read More


EVIDENCE ACT

…cases, evidence of character generally inadmissible. SECTION 79: In civil cases, evidence of character generally inadmissible. SECTION 80: In libel and slander, notice must be given of evidence of character. SECTION 81: In criminal cases, evidence of good character admissible. SECTION 82: Evidence of character of the accused in criminal proceedings. SECTION 83: Admissibility of documentary evidence as to facts… Read More


M. S. C. EZEMBA V. S. O. IBENEME

…the Evidence Act but in the context of contradicting exhibit A. And this, to me, is most fundamental. In my humble view, the best evidence rule, as it relates to oral evidence, will not apply where the oral evidence contradicts documentary evidence. This is because since the documentary evidence was first in time, the oral evidence, in the absence of… Read More


THE PEOPLE OF LAGOS STATE v. MOHAMMED UMARU

evidence law, that proof of the above ingredients of the offence or even in civil actions, can be done either through documentary evidence, or by oral evidence or even through circumstantial evidence, as the case may be. In an attempt to prove the above ingredients of the offence of armed robbery against the respondent, the prosecution presented oral evidence through… Read More


BABARINDE & 3ORS v. THE STATE

…that he shot the gun. He argued that if this court agrees that the evidence of PW1 and PW2 was lacking in substance, the only evidence upon which the conviction of the appellants could be upheld or quashed is the sole, uncorroborated evidence of PW3 (the complainant). While conceding that the court could safely base a conviction upon the evidenceRead More


LAWANI ALLI V. CHIEF GBADAMOSI ABASI ALESINLOYE

…and give the evidence. He came to give evidence.  COURT:  Witness confirmed that Exhibit “A” is the certified true copy of the evidence given by Ladejo Alesinloye”. I need stress that the evidence of the appellants and, indeed, the case presented by them were thoroughly considered and fully accepted by the trial court. Said the learned trial judge:- “Apart from the… Read More


THE STATE v. JOHN OGBUBUNJO

…is very little difference if the guilt is being substantiated by the prosecution in reliance on eye- witness evidence or circumstantial evidence. P.42 Generally and ideally, the offence preferred against the accused is proved by eye-witness evidence or such other direct evidence (e.g. documentary evidence.) But circumstantial evidence can be equally potent and often more telling and devastating than direct… Read More


THE STATE V. COLLINS OJO AIBANGBEE

…had of identifying the accused person was not good enough,. Accordingly, it would not be safe to convict on such evidence. Having held that the evidence of P.W.3 was unreliable on the finding of the trial Judge which this Court must choose, it follows that the question of finding out whether the evidence was corroborated or whether the alibi of… Read More


BAKARI v. OGUNDIPE & ORS

…State v UBA Ltd. (1986) 4 NWLR (Pt. 27) at 547.” Per PETER-ODILI, J.S.C. at p. 62 4. EVIDENCE – WITHHOLDING EVIDENCE  – Instance of withholding evidence “…What I see as what the appellant is pushing out is for this Court to utilise some speculatory angles in her favour as the documents appellant was referring to were not brought before Court leading to… Read More


CORPORAL DESMOND ONONUJU V. THE STATE

…(1961) 1 ALL NLR 631.” Per ALAGOA, J.S.C. at pp. 15-16, paras. C-B. 5. EVIDENCE – Withholding of evidence – Presumption of unfavourability against the person withholding evidence – Effect of withholding or suppressing evidence “The said exhibits “G” and “G1” do not contain the fact disclosed by the appellant that he signed for and collected an AK 47 gun… Read More


ADAMU v. STATE

…said to have been recovered from the scene was also fatal to the respondent’s case. He submitted that failure to tender the medical report to establish the cause of death is tantamount to withholding evidence and urged the Court to invoke Section 167(d) of the Evidence Act against the respondent.  On these two issues, he referred to The People of Lagos State Vs Umar (2014)… Read More


APC & ANOR v. OBASEKI & ORS

…under the rules of evidence.” Finally, Section 38 of the Evidence Act 2011 ​ 84 outrightly prohibits the admission of hearsay evidence except as provided by the Evidence Act in the following words: – “Hearsay evidence is not admissible except as provided in this part or under any other provision of this or any other Act.” From the above analysis therefore hearsay testimony… Read More