Written by Lkite Oluwagbemisoke.
Introduction
The Nigerian criminal justice system dictates the use of witnesses in the proof of cases, except for the special classes of offence, which require corroboration, and no particular number of witnesses is required to prove a criminal charge; it is possible to secure a conviction on the singular testimony of a credible witness.
What is a Witness Testimony?
Witness testimony is a written or oral statement provided by an individual who has relevant information about a case. The individual testifies under oath or affidavit in a trial or other legal proceedings.
In criminal cases, there are three types of witnesses called to testify in a trial; these include, eyewitnesses, expert witnesses, and character witnesses.
Eye Witnesses
An eye witness is someone who observes an alleged crime in progress, as well as perpetrators who participated in events of the crime. Eye Witnesses testimonies has greater impact on a verdict than circumstantial evidence, as they provide crucial information on what took place at the crime scene. Thus, hearing a recounting of the event from someone who was actually there can cause a judge to weigh witness testimonies heavily than other types of evidence.
Expert Witnesses
Expert witnesses are called to provide professional knowledge on certain topics that are outside the ordinary knowledge of a jury or judge. They often include; Psychiatrists, Psychologists, Forensic scientists, Therapists, Physicians and handwriting experts. Evidence provided by expert witnesses in a criminal case is accepted by the court as reliable testimony because it’s based on proven facts backed up by scientific research, published studies, and professional experience.
Character Witnesses
Character witnesses provide facts and assessments that address a defendant’s character. They are usually family members or people who know the defendant. Character witnesses are important to help establish a defendant’s history of behaviour, especially in cases of robbery, white-collar crimes, and fraud.
Factors Determining the Credibility of a Witness
There are various factors that determines the credibility of a witness;
i.) The consistency of the witness’s present and past statements about what happened.ii.) Whether the witness heard or saw what happened.iii.) The witness’s training and experience in the field about which they are testifying.iv.) In the case of an expert, whether their testimony is aligned with generally accepted scientific principles.v.) Whether the version of events presented by a witness makes sense.vi.) Whether the witness has any relationship with either party and could have potential biases.vii.) The demeanour of the witness; if the witness’s testimony appears to be false based on their body language, eye contact, and other non-verbal communication.viii.) Whether the witness has past criminal convictions that impact their truthfulness.ix.) Whether the witness has interest in the outcomes of the case.
Legal Procedures for Admitting Witnesses Testimonies as Evidence in Nigerian Courts.
There are certain procedures that must be followed for the testimonies of witnesses to be admissible before the court. They are discussed below;
Examination-In-Chief
Examination in chief as provided for in section 188(1) of the Evidence Act is the means by which admissible evidence is presented to a court. It is conducted by the party who calls the witness in order to obtain elicit information which is favourable to the party who called him to give evidence, and structured in a way that it is rendered so probable, that the mind of the hearer believes it to be true. It takes the form of responses to a series of successive questions leading to a complete story line in the end strengthen the case.
Cross Examination
This is the examination of a witness, by the party who did not call him, upon matters to which he has been examined in chief. It is not optional to cross examine a witness, however, every party has a right to cross-examine a witness produced by his opposing party, in order to test whether the witness truly has the knowledge of the things he testifies. Section 188(2) of the Evidence Act provides for this legal procedure.
Re-Examination
This is the examination of a witness after he has been cross-examined. However, it is also optional to re-examine a witness.
Section 188(3) of evidence Act provides for the definition of re-examination which states thus: “Where a witness has been cross examined and is then examined by the party who called him, such examination shall be called re-examination.”
Thus, in the light of the above, if there is no cross-examination, there will not be need for re-examination. The purpose of re-examination is to give the witness an opportunity of explaining any seeming inconsistency in his answers and to clear any doubt relating to matters in his testimony.
Conclusion
Witnesses and their testimonies are significant due to their utility in criminal proceedings, by helping to prove the innocence or guilt of a defendant, and delicate due to the ability to tamper with witnesses, often coupled with their vulnerability. Also, for the testimony of a witness to be admitted into evidence, such witness must be a have been through the legal procedures applicable to the admissibility of evidences.
REFERENCES
Atoyebi, O. M, “Competent and Compellable Witness Underthe Nigerian Evidence Act”, April 4, 2023.
Azi, Waziri, “Legal Frame Work of Witness Protection Measures during and after the Prosecution Trial”, 29 December, 2018.
Brian, “Importance of Witnesses in criminal cases”, two months ago.
Keller Law Offices, “Three types of witness Testimony in a criminal case”
Musgrave Bryan, “What is a Credible Witness?” Law Offices, May 4, 2023.
PHP FREE CONSULTATIONS, Expert Witnesses, “Factors Affecting Witness Credibility”, 7/1/2013.
Srour, Lilian, “Witness Testimonies, a Worthwhile Exercise of Investigative Mechanisms”, January 9, 2022.
Wingrass Blogspot, “Examination of Witnesses in Nigerian”, 06/2016.
LK…making a statement.
Share your comments!