CIVIL WEEK 12 TRIAL(2) EXAMINATION OF WITNESSES(2)
WEEK 12
TRIAL (2): EXAMINATION OF WITNESSES. See generally Section 214 and 215 EA
:: EXAMINATION IN CHIEF: Examination by a party of his own witness to elicit evidence favourable to his case.
Leading question are not permitted except in introductory or undisputed matters or in respect of confused or hostile witness or with permission of court. After Witness enters the box, he is sworn by the registrar to “tell the truth and nothing but the truth”, – Permitted questions are then asked, -witness then guided to adopt his witness statement[1].
Certain other documents can be tendered through the witness by referring witness to a paragraph mentioned in his statement on oath.
:: CROSS-EXAMINATION: done by the opposing party (or his counsel) to test the credibility of evidence-in-chief of opponent’s witness, attack opponent’s case or discredit the witness (his evidence or qualification).
Indecent, scandalous, insulting and annoying questions are not allowed-227 and 228 EA. A party can also cross examine his own hostile witness.
Cross examination is a fundamental right-sc 36(6) (d) Of the 1999 Constitution, Okereke v Ibe (2010) ALL FWLR (Pt. 516) 516 CA.
:: RE-EXAMINATION: optional examination of witness where ambiguities arose from cross examination-205(1) EA. Fresh matters cannot be raised except with leave of court. If leave is granted, the other party must be allowed to cross examine the witness on such fresh matters.
:: USE OF SUBPOENA, WITNESS SUMMONS AND STATEMENT.
Subponea: is a writ requiring the attendance of the person to whom it is directed to at a specified date and time to come and testify or give evidence (or both) subpoena ad testificandum or duces tecum or both. Application for subpoena to registrar filing praecipe in form 26 containing name or firm and place of business or residence of the LP on behalf of his client and shall pay the requisite fees.
Punishment or warrant of arrest can be issued where subpoena disobeyed-Oshiomole v INEC. Witness summons is not the same as subpoena
:: ETHICAL ISSUES.
[1] By asking him if he can remember making any and whether he can identify it. The Statement is then presented to him and he adopts as his testimony. Before the introduction of the frontloading concept, the practice was that the witness would be asked to tell the court the whole story from his point of view
