Trial Examination Of Witnesses

Question 1

What is the significance of the presence of the defendant at trial in Nigeria?

Answer 1

There is no trial in absence of an accused in Nigeria; the defendant must be present at all times during his trial.

Adeoye v. State

Question 2

What are the exceptions where a defendant may be tried in his absence?

Answer 2

1. Misconduct in court making trial impracticable. 2. Pleading guilty in writing or through counsel for charges with penalties not exceeding N100 or 6 months imprisonment.

S. 208 ACJL; S. 100 ACJA

Question 3

What actions may a court take if a defendant fails to attend on an adjourned date?

Answer 3

1. Issue a Bench warrant for arrest. 2. Issue a production warrant for prison custody. 3. Revoke bail. 4. Adjourn the case if a tangible reason is given.

Question 4

What is expected of the counsel to the defendant in court?

Answer 4

The counsel is expected to represent the client diligently and competently and must inform the court of any cogent reason for absence.

Gokpa v. C.O.P

Question 5

What must happen if counsel is absent in a trial for a capital offence?

Answer 5

The court must adjourn or ask the defendant if he wants another counsel.

Udofia v. State; Okojie & Ors. v. State

Question 6

What is the duty of the prosecution in a criminal trial?

Answer 6

The prosecution must be candid and fair, not seeking conviction by all means.

R. 37 (4) of the RPC; Enahoro v. State

Question 7

What is one essential duty of the defence counsel?

Answer 7

To undertake the defence of a person charged with a criminal offence competently and with dedication.

Rule 37(1) & (2) of the RPC; Josiah v. State

Question 8

What is the role of the presiding judge in a criminal trial?

Answer 8

The judge must be an impartial arbiter and ensure justice is done to all parties.

Question 9

What is the commencement of a criminal trial known as?

Answer 9

The commencement of every criminal trial starts with the arraignment of the accused.

Fawehinmi v. IGP; Adio v. State

Question 10

What is required for a valid arraignment?

Answer 10

1. The accused must be brought to court unfettered. 2. The charge must be read and interpreted in a language the accused understands. 3. The accused must plead instantly unless there is a good reason not to.

Various past questions

Question 11

What happens if there is non-compliance with the procedure for arraignment?

Answer 11

Failure to comply renders the whole trial a nullity.

Kajubo v. State; Ogunye v. State

Question 12

What options does an accused have upon arraignment?

Answer 12

1. Raise preliminary objections. 2. Remain silent or stand mute. 3. Plead to the charge.

Question 13

What are the grounds for raising preliminary objections?

Answer 13

1. Lack of jurisdiction. 2. Defective charge. 3. Double trial. 4. Statute barred case.

Question 14

What happens if an accused remains silent or stands mute?

Answer 14

The court must conduct a preliminary investigation to find out the reasons for the silence or muteness.

S. 215-218 ACJL

Question 15

What are the possible pleas an accused may enter?

Answer 15

1. Guilty. 2. Not guilty. 3. Not guilty by reason of insanity. 4. Not guilty to the offence charged but guilty to a lesser offence.

Question 16

What is the effect of a plea of guilty?

Answer 16

A plea of guilty means the accused admits the commission of the offence, and the court may convict him.

Onouha v. State

Question 17

What must the court do before convicting based on a plea of guilty?

Answer 17

1. Record the plea in the accused’s exact words. 2. Call upon the prosecution to restate the facts. 3. Ensure the plea is unequivocal and unambiguous.

Various cases

Question 18

What is the standard of proof in criminal matters?

Answer 18

The standard of proof required is Beyond Reasonable Doubt.

S.135 (1) of the Evidence Act

Question 19

Who has the burden of proof in criminal litigation?

Answer 19

The burden of proof is on the prosecution to prove all the ingredients of the offence.

Habibu Musa v State

Question 20

What is the general rule regarding the competence of witnesses in criminal trials?

Answer 20

All persons are competent to testify except those who cannot understand questions or give rational answers due to various reasons.

S. 175(1) EA

Question 21

What is the effect of a plea of not guilty?

Answer 21

The accused is deemed to have submitted to the jurisdiction of the court and the prosecution must prove guilt beyond reasonable doubt.

S. 212 ACJL; 273 ACJA

Question 22

Can a person of unsound mind testify?

Answer 22

Yes, a person of unsound mind may testify during lucid intervals; s. 175(2) EA.

Question 23

How can a dumb person testify in court?

Answer 23

A dumb person may testify by sign or in writing made in open court; s. 176 EA.

Question 24

Is a co-accused a competent witness for the defence?

Answer 24

Yes, a co-accused is a competent witness for the defence but not for the prosecution, except under certain conditions.

Question 25

Under what conditions can a co-accused testify for the prosecution?

Answer 25

A co-accused can testify for the prosecution if he is tried separately and acquitted, convicted and sentenced, discharged on a nolle prosequi, or pleaded guilty and convicted; R. v. Akpan.

Question 26

Can an accused incriminate a co-accused while testifying?

Answer 26

Yes, an accused may incriminate his co-accused while testifying, and such evidence may be used to convict either or both; Ajani v. R; S. 199 E.A.

Question 27

Can a child under 14 give evidence in court?

Answer 27

Yes, a child of less than 14 years old can give unsworn evidence in court, provided the court is satisfied that the child understands the questions and knows the duty of telling the truth; Agenu v State; S. 209(1) EA.

Question 28

Can a child's unsworn evidence alone convict an accused?

Answer 28

No, the court cannot convict an accused based solely on the unsworn evidence of a child without corroboration; S. 209 (3) EA.

Question 29

Can a child aged 14 and above give evidence?

Answer 29

Yes, a child of 14 years and above can give sworn evidence which will need no corroboration, but the court will caution itself if it decides to convict on it.

Question 30

What is compellability of witnesses?

Answer 30

Compellability is the process of bringing an unwilling witness to court to testify or tender documents; only competent witnesses can be compelled.

Question 31

Who cannot be compelled to testify?

Answer 31

Persons like the President, Vice President, Governor, Deputy Governor, Diplomats, and Judges cannot be compelled even though they are competent.

Question 32

What are the methods of securing attendance of a witness in court?

Answer 32

The methods include witness summons (usually used at the Magistrate court) and subpoena (Subpoena Duces Tecum for documents or Subpoena ad testificandum for oral testimony).

Question 33

Is there a required number of witnesses for the prosecution in criminal trials?

Answer 33

Generally, there is no required number of witnesses unless the offence requires corroboration; Section 200 EA 2011, Adaje v. State.

Question 34

What is corroboration in legal terms?

Answer 34

Corroboration means producing more than one source of evidence to prove a case; the prosecution will require at least two witnesses in certain situations.

Question 35

What situations require corroboration?

Answer 35

Situations include testimony of an accomplice, unsworn testimony of children, testimony of a tainted witness, treason and treasonable felony, exceeding speed limit, and offence of sedition.

Question 36

What is required before a witness testifies?

Answer 36

Generally, a witness must be sworn on Oath or affirmation; S. 205 EA 2011.

Question 37

Are there exceptions to the oath requirement for witnesses?

Answer 37

Yes, exceptions include witnesses who are not believers in known religions or whose religion forbids oath-taking, and children less than 14 years old; S. 208 EA and S. 209 (1) EA.

Question 38

What is the examination of witnesses?

Answer 38

It is the process of eliciting evidence from a witness, involving three stages: examination-in-chief, cross-examination, and re-examination; section 214(1-3) EA.

Question 39

What is the purpose of examination-in-chief?

Answer 39

The purpose is to obtain facts in support of the case of the party calling the witness.

Question 40

What types of questions are allowed in examination-in-chief?

Answer 40

Open questions are allowed, as they give the witness liberty to tell their story; they usually start with 'what', 'why', 'how', etc.

Question 41

What types of questions are not allowed in examination-in-chief?

Answer 41

Leading questions, hearsay evidence, opinion evidence, and questions eliciting oral evidence from documents are not allowed.

Question 42

What is a leading question?

Answer 42

A leading question suggests the answer the questioner expects to receive; S. 221 (1) EA 2011.

Question 43

When are leading questions allowed in examination-in-chief?

Answer 43

They are allowed in introductory matters not in issue, matters already sufficiently proved, if the court allows it, or if no objection is raised; S. 221(3) EA.

Question 44

What is cross-examination?

Answer 44

Cross-examination is the examination of a witness by a party other than the one who called him; Section 214 (2) EA.

Question 45

What is the purpose of cross-examination?

Answer 45

The purpose is to contradict, destroy, and discredit the evidence of a witness and to impeach the credit of the witness.

Question 46

What types of questions should be used in cross-examination?

Answer 46

Leading and closed questions are to be used; open questions are generally not advisable.

Question 47

What limitations exist in cross-examination?

Answer 47

Only relevant questions are allowed; improper, scandalous, or insulting questions are not permitted; S. 227 and S. 228 EA.

Question 48

What is re-examination?

Answer 48

Re-examination is conducted by the party who called the witness to clear ambiguities arising from cross-examination; Section 214(3) EA.

Question 49

What is the procedure for refreshing a witness's memory?

Answer 49

A witness may refer to documents made at the time of the transaction; counsel must seek leave of court for this.

Question 50

What is a hostile witness?

Answer 50

A hostile witness is biased against the party who calls him and is unwilling to testify; Esan v State.

Question 51

What happens when a witness is declared hostile?

Answer 51

The witness can be cross-examined, asked leading questions, and discredited using previous inconsistent statements; S. 230 and S. 231 EA.

Question 52

What power does the court have regarding witness questioning?

Answer 52

The court can put questions to any witness to clarify ambiguities, but it should not ask damaging questions; S. 246 EA.

Question 53

Can the court call or recall a witness?

Answer 53

Yes, the court can call any witness and recall a witness after the close of the defence for unforeseen matters; Onuoha v. State.

Question 54

What is the basis for admissibility of documentary evidence?

Answer 54

The basis is relevance to the facts in issue; Section 1 & 2 of the Evidence Act.

Question 55

How must documentary evidence be tendered?

Answer 55

The contents of a document can only be proved by tendering the document itself; the maker must be called unless certain exceptions apply.

Question 56

What is required for tendering a private document?

Answer 56

The original copy must be admissible; if lost, a photocopy may be tendered with proper foundation; Section 89 EA.

Question 57

What is required for tendering a public document?

Answer 57

A Certified True Copy (CTC) must be duly certified by the appropriate authority if the original is not available; Section 104 EA.

Question 58

What happens once a document is admitted in evidence?

Answer 58

Oral evidence can no longer be allowed to prove its content as the content speaks for itself.

Question 59

How to lay proper foundation for an original document?

Answer 59

Ask the witness if they have the document in court and if they can recognize or identify it.

Question 60

What is the only admissible document in evidence according to the Evidence Act?

Answer 60

The Certified True Copy (CTC) duly certified by the appropriate authority in accordance with section 104 of the Evidence Act. ## Footnote See Section 89 and 90 Evidence Act.

Question 61

What happens once a document is admitted in evidence?

Answer 61

Oral evidence can no longer be allowed to prove its content because the content of a document speaks for itself.

Question 62

What questions should be asked to lay a proper foundation for an original document?

Answer 62

1. Do you have the document in Court? 2. If you see the document can you recognise/identify it? 3. How will you identify the document? 4. Is this the document? 5. My Lord I apply to tender the document in evidence.

Question 63

What questions should be asked for a photocopy or CTC of a document?

Answer 63

1. Do you have the Original of the document in Court? 2. Where is the Original? 3. Which Copy do you have? 4. If you have the Photocopy/CTC of the document can you recognise/identify it? 5. How will you identify the document?

Question 64

What are the necessary conditions for admitting computer-generated evidence?

Answer 64

1. The computer was regularly used to process or store the type of information. 2. The evidence was supplied to the computer in the ordinary course of business. 3. The computer was functioning properly, or if not, it did not affect the processing. 4. Oral testimony or documents by the person who operated the computer testifying to these facts. ## Footnote See S. 84 EA; Kubor v Dickson; Silver v Dickson.

Question 65

What is the general rule about expert evidence according to the Evidence Act?

Answer 65

The opinion of an individual is inadmissible in evidence; however, the opinion of an expert may be admissible by the court.

Question 66

What qualifies someone as an expert under the Evidence Act?

Answer 66

An expert is any person that is specially skilled and knowledgeable in certain areas. ## Footnote See S. 68 EA.

Question 67

What must be shown for expert evidence to be admissible?

Answer 67

Proper foundation must be laid to show the expert’s qualification, skills, and years of experience.

Question 68

What is hearsay evidence?

Answer 68

Hearsay evidence is any statement, oral or written, made otherwise than by a witness in a proceeding or which is tendered in evidence.

Question 69

Is hearsay evidence generally admissible?

Answer 69

Generally, hearsay evidence is not admissible; however, there are exceptions under section 39 E.A.

Question 70

What is the purpose of a visit to the locus in quo?

Answer 70

If the court is satisfied that there is a need to inspect the venue of the crime or where evidence cannot be conveniently brought to the Court, it will conduct a visit.

Question 71

What are the two ways a court may conduct a visit to the locus in quo?

Answer 71

1. The Court may adjourn to the locus to inspect and continue trial there, later reconvening in the regular Court. 2. The Court may adjourn to visit the locus, take notes, and reconvene in Court to continue proceedings.

Question 72

What must happen during a visit to the locus in quo?

Answer 72

The accused persons must all be present at the venue during the visit to clarify uncertainties and contradictions.

Question 73

What is the consequence of failing to take the accused person(s) to the venue?

Answer 73

Failure to take the accused person(s) to the venue will not vitiate the trial unless it occasioned a miscarriage of justice.