CORAM
S. M. A. BELGORE JUSTICE, SUPREME COURT
I. L. KUTIGI JUSTICE, SUPREME COURT
U. A. KALGO JUSTICE, SUPREME COURT
D. MUSDAPHER JUSTICE, SUPREME COURT
S. A. AKINTAN JUSTICE, SUPREME COURT
W. S.ONNOGHEN JUSTICE, SUPREME COURT
I. F. OGBUAGU JUSTICE, SUPREME COURT
PARTIES
ENGINEER GOODNEWS AGBI
ANTHONY ALABI
APPELLANTS
CHIEF AUDU OGBEH
PRINCE VINCENT OGBULAFOR
PEOPLES DEMOCRATIC PARTY
CHIEF JAMES ONANEFE IBORI (GOVERNOR OF DELTA STATE)
RESPONDENTS
AREA(S) OF LAW
EVIDENCE –
SUMMARY OF FACTS
The plaintiff alleges that the 4th defendant/respondent is disqualified from running for the office of the Governor of Delta State as he was an ex-convict.
HELD
The court dismissed the claims of the plaintiff
ISSUES
Whether the 4th Respondent was in fact the person convicted in Exhibit A in CR/81 /95, COT P V James Onanefe Ibori
RATIONES DECIDENDI
DETERMINATION OF CREDIBILITY OF WITNESSES
‘The law is settled that in ascribing probative value to the testimony of a witness, the Court takes into consideration whether the testimony is cogent, consistent and in accord with reason and in relation to other evidence before it. In the determination of the credibility of witnesses, the demeanour, personality, reaction to question under examination are all factors to be taken into consideration ‘ DAHIRU MUSDAPHER JSC
RELEVANCY OF OPINION EVIDENCE
‘It is trite law that opinion evidence is irrelevant’. DAHIRU MUSDAPHER JSC
WHERE VERACITY OF A WITNESS IS IN DOUBT
‘Where the veracity of a witness is in doubt, as in the instant case, the law is that his evidence should carry no weight at all.’ W.S.N. ONNOGHEN. JSC
CASES CITED
1. Alade v Olukade (1976) 2 SC 183, Ebba u Ogodo (1984) 1 SCNI-R 372 ,
2. Nnorodim v. Ezeani (2001) 5 NWLR (Pt. 706) 203.,
3. Alfred Usiobaifo and anor v Christopher and A nor (2005) 3 NWLR (Pt. 913) 665 at 684 ; (2005) 1 S. C. (Pt. 11) 60; (2005) 1 SCNJ 226 at 238
STATUTES REFERRED TO
1. Evidence Act
2. Criminal Procedure Code