D.A.R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The issue in this appeal appears to us to be a simple one. The learned trial judge ruled as follows:-
"In a civil case whilst the plaintiff cannot win his case without calling evidence, the defendant is not obliged to give evidence in which case defendant could still win his case without saying a word. I do not doubt the authorities cited that a party could call his opponent as a witness and provided he is willing he is a competent witness. However there is no law to compel the defendant to give evidence for the plaintiff".
Learned counsel for the appellant cited before us the case of Elias v. Disu and Ors. (1962) 1 All NLR.214, on which he had relied before the trial court, as authority for the proposition that the defendant was not only a competent witness for the plaintiff but also a compellable witness in the circumstances.
Mr. J.A. Omakwu the 6th respondent in this appeal (who is a legal practitioner by profession) annou…