CRIMINAL LITIGATION

UNIT 11

TRIAL (EXAMINATION OF WITNESSES)

The examination of witnesses is a critical phase in criminal litigation, serving as the primary means through which evidence is presented and evaluated in court. This process involves questioning witnesses to establish facts pertinent to the case. In Nigeria, the examination of witnesses is governed by various statutes and case law, which outline the procedures and rights involved.

  1. General principles of examination: these includes the following;
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    1. Examination-in-chief: Examination-in-chief is the initial phase where a witness is questioned by the party who called them to testify. This stage aims to elicit evidence favorable to the party's case. The questioning should be conducted in a way that allows the witness to provide clear and relevant testimony without leading them. See section 233 of the CPA which provides that during examination-in-chief, questions must not lead the witness to a specific answer but should allow them to explain their testimony freely and the case of Okonkwo v. State (1988) 1 NWLR (Pt. 73) 666 where the court emphasized that in examination-in-chief, the questions should not be leading but should elicit the witness’s narrative of the events.
    2. Cross-examination: Cross-examination follows examination-in-chief and is conducted by the opposing party. The purpose is to test the credibility, accuracy, and reliability of the witness’s testimony. Cross-examination allows the opposing party to challenge the witness’s statements and uncover any inconsistencies or biases. See section 234 of the CPA which allows for the cross-examination of witnesses. It permits questions designed to challenge the witness's testimony and credibility and the case of Ogunbameru v. State (1999) 11 NWLR (Pt. 626) 629 which illustrated the importance of cross-examination in revealing discrepancies and testing the reliability of witness testimony.
    3. Re-examination: Re-examination occurs after cross-examination and is conducted by the party that originally called the witness. This stage is meant to clarify any issues that arose during cross-examination and to address any points that may have been left unclear. See section 236 of the CPA which provides for re-examination to allow the witness to explain or clarify points raised during cross-examination and the case of Alabi v. State (2004) 16 NWLR (Pt. 899) 279 where the court confirmed that re-examination is intended to clarify or correct any issues highlighted during cross-examination.
  2. Procedures and rights: these includes the following:
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    1. Duty to tell the truth: Witnesses are legally obligated to tell the truth during their testimony. Failure to do so can result in charges of perjury, which is a criminal offense. See sections 118 and 119 of CCA which address the offense of perjury, highlighting the legal consequences of providing false testimony and the case of R v. Ojeikere (1968) NMLR 130 which emphasized the seriousness of perjury and the legal implications for witnesses who deliberately provide false testimony.
    2. Right to refuse to answer: A witness has the right to refuse to answer questions that might incriminate them or violate their privilege against self-incrimination. See section 234 of CPA which provides that a witness may refuse to answer questions that would incriminate them and the case of Udo v. State (2010) 16 NWLR (Pt. 1220) 246 where the court affirmed that witnesses cannot be compelled to answer questions that would implicate themselves in criminal activity.
    3. Witness privilege: Certain categories of witnesses, such as those with legal privilege (e.g., attorneys, clerics), may have special protections that limit the scope of questioning. See sections 151 and 152 of evidence act 2011 which address the privilege of certain types of witnesses, including legal professionals and the case of Adamu v. State (2013) 8 NWLR (Pt. 1355) 167 where the court recognized the privileged status of certain witnesses and the limitations on their examination.


CONCLUSION

The examination of witnesses is a vital component of the trial process in criminal litigation. Understanding the principles and procedures governing examination-in-chief, cross-examination, and re-examination, as well as the rights and duties of witnesses, ensures a fair and just legal process. Nigerian statutes and case law provide a framework for effective witness examination, safeguarding the integrity of the judicial process.