ground that the question was not directed at clearing any
ambiguity but rather seeks to reopen the evidence of PWl and to
give oral evidence of the document which is already before the
court ."
I\
It is my view that the two issues for determination pdsed
by
both
counsel are one and the same thing except to say the ~espondent's
counsel added other amplifications and embellishments.
I would, however, decide this appeal on the appellant's issue for
determination. This appears to me to be tangent on the disputed point.
It was the contention of the appellant that the learned trial magistrate
erred in upholding the objection on the ground that the respondent's
objection was contrary to the law . Counsel for the appellant cited the
following : Ss. 214 and 215 of the Evidence Act and submitted
emphatically thus :
" In the process of cross examination of a witness, there might be
contradictions in evidence adduced in proof of a party's case
which would be fatal where they are material. They relate to facts
forming the plank or basis on which the Case of the party is built.
In other words, the contradictions must involve crucial facts
necessary for the resolution of the issues in controversy between
the parties."
,-·-- ~
C":"'7,,;:.,
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' (;!f_JJ!_~\I
,_ ... -
Counsel called in aid the case of Fatoba .V. Ogundahinsi (2003) 4 NWLR
(Part 840) 323 @ 330. He cited "Practical Approach to Criminal
Litigation in Nigeria" by a learned author:J. A. Agbaba, who had opined
9j fl ,7 f f'
\