no longer the law that without ambiguity in cross examination, reexamination is not permissible . Counsel maintained that S. 215(3)
Evidence Act does not contain the word "ambiguity" but such can arise
in contradictory answers in cross-examination . If so, re-e~amination
becomes necessary. He further relied on Anyanwu .V. Uzowuaka (2009}
All FWLR (part 499) 41.
In conclusion, counsel urges the court to allow the appeal.
The respondent's position is that the question asked by the appellant's
counsel was not meant to clear any ambiguity but meant to reopen
PWl's evidence. That if such is allowed, it is tantamount to giving oral
evidence of a document that had been received as an exhibit. The
counsel to the respondent maintained that re-examination shall be
directed to the explanation of matters referred to in cross examination.
Counsel says that the definition of "to explain" is to make clear. Counsel
referred to "Hints on Legal Practice" by Anthony Ekindayo @ 237.
Counsel further submitted that the only objective of re-examination is
to clear ambiguities arising from cross-examination. According to
counsel, New Webster's Dictionary defines ambiguity to mean "the
quality of having more that one meaning, an idea, statement or
expression capable of being understood in more than one sense." That
it is only such that a witness can be given an opportunity to make it
clear through re-examination . Counsel maintained that PWl's answer
in the cross examination was clear and no ambiguity was occasioned.
Counsel cited S223 of Evidence Act. Counsel further relied on Ezemba
.V. lbeneme & Anor (2004) All FWLR (part 223) 1786 @ 1861. Counsel
submitted that when a witness contradicts himself under cross
llj f) a ge