examination , he cannot withdraw his evidence in re examinatio n.
Counsel cited Odu'a Invest C. Ltd .V. Talabi (1991) 1 NWLR (part 107)
761@ 767 .
That a party is not allowed to reopen his case and have a second bite at
the cherry . He cites Willoghby .V. Inter. Merchant Bank Ltd (1987) Sc
137 @ 163; Amobi .v . Amobi & Ors (1996) 8 NWLR (part 469) 638;
Adike .V . Obiareri (2002) 18 WR n 24@ 58; S. 129 (3) (6) Evidence Act .
Counsel finally urges the court to dismiss the appeal.
Section 215 (3) of the Evidence Act, 2011 provides as follows :
"The re -exam in at ion shall be directed to the explanation of
matters referred to in t he cross exa mi nation and if a new matter
is, by perm iss ion of t he co urt, int roduced in re -examination the
adverse party may furt her cross exam in e upon the matter."
\
c\Q~/vs
?}W[t ,
c .
The question is : whether the question put across to PWl by the
appellant' s counsel was geared towards explaining his oral evidence
elicited in cross examination viz-a-vis the date written on Exhibit B (The
petition to the Commissioner for Police) .
The second point is : whether the date Exhibit B was written is material
and crucial to the determination of the case . Put differently is exhibit B
the very plank or foundation upon which the criminal charge was built .
12l rdi~ t·
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