UNIT 9

EXAMINATION OF WITNESSES

In civil litigation, the examination of witnesses is a crucial stage of the trial process where parties present evidence through witnesses to establish the facts of their case. The examination process is governed by the evidence act, 2011, and relevant case law in Nigeria. The process of examination of witnesses can be divided into three main stages which are the examination-in-chief, cross-examination, and re-examination.

1. Examination-in-chief: Examination-in-chief is the first stage of witness examination, conducted by the party who called the witness. The purpose is to elicit evidence that supports the case of the party calling the witness. During this examination, the party is generally restricted to asking open-ended questions, avoiding leading questions that suggest the answer. See section 214 of the evidence act, 2011 which provides that the examination of a witness by the party who calls him shall be called his examination-in-chief which aim to ensure that the evidence provided is the witness's own account and not influenced by the examiner and the case of Ezeugo v. State (2013) LPELR-19984(SC) where the supreme court of Nigeria emphasized the importance of allowing witnesses to provide their testimony without being led by the examiner, as this ensures the integrity of the evidence presented.
2. Cross-examination: Cross-examination follows the examination-in-chief and is conducted by the opposing party. The primary purpose is to challenge the credibility of the witness, test the accuracy of their testimony, and bring out any inconsistencies. Leading questions are permitted during cross-examination, allowing the examiner to suggest answers. The scope of cross-examination is wide, allowing questions on any matter that could discredit the witness or weaken the case presented during the examination-in-chief. However, the questions must still be relevant to the issues in dispute. See section 223 of the evidence act, 2011 which permits the use of leading questions during cross-examination which is crucial as it allows the cross-examiner to probe the witness's testimony and test its reliability and the case of Akpan v. The State (1992) 6 NWLR (Pt. 248) 439 where the court held that cross-examination is a vital tool in uncovering the truth and testing the credibility of a witness and the court further noted that the absence of effective cross-examination could weaken the case of the party that fails to utilize this opportunity.
3. Re-examination: Re-examination is the final stage of witness examination, conducted by the party who called the witness. Its purpose is to clarify any ambiguities or issues that arose during cross-examination. Re-examination is limited to matters that were raised during cross-examination, and leading questions are generally not allowed. The scope of re-examination is restricted to matters arising from the cross-examination. See section 227 of the evidence act, 2011 which provides for re-examination, stating that the purpose is to explain or clarify points that were brought up during cross-examination and the case of Agbaje v. Fashola (2008) LPELR-3645(CA) where the court of appeal noted that re-examination should not be an opportunity to introduce new evidence but rather to clarify or rebut issues raised during cross-examination.

IMPORTANCE OF THE SEQUENCE

The sequence of examination-in-chief, cross-examination, and re-examination is strictly adhered to in civil litigation. Any deviation from this order without the court's permission may lead to objections and the possible exclusion of improperly obtained evidence. The rationale behind this sequence is to ensure that each party has a fair opportunity to present and challenge evidence, thereby facilitating a just resolution of the case.

DISCRETION OF THE COURT

The court has the discretion to control the manner in which witnesses are examined. See section 225 of the evidence act, 2011 where the court may disallow improper questions and may even limit the time for cross-examination if it is deemed unnecessary or repetitive and the case of Olujinle v. Adeagbo (1988) 2 NWLR (Pt. 75) 238 where the court exercised its discretion by limiting cross-examination to relevant issues, emphasizing that the court's primary duty is to ensure a fair trial and to prevent the abuse of the process by either party.

EXCLUSION OF WITNESSES

Witnesses can be excluded from the courtroom while other witnesses testify to prevent them from being influenced by the testimony of others. This practice, known as "sequestration," is often requested by counsel and is within the court's discretion. See the case of Amadi v. State (1993) 8 NWLR (Pt. 314) 644 where the supreme court upheld the sequestration of witnesses, stating that it is a recognized practice to ensure that the evidence provided by witnesses is not tainted by hearing other testimonies.

CONCLUSION

The examination of witnesses is a critical component of civil litigation in Nigeria, with each stage—examination-in-chief, cross-examination, and re-examination—playing a distinct role in the trial process. The rules governing witness examination, as outlined in the evidence act, 2011, and interpreted by Nigerian courts, are designed to ensure that the truth is uncovered and that justice is served. Proper adherence to these rules and procedures is essential for the fair and effective administration of justice.