OBOLO
V.
ALUKO & ORS.

(1976) JELR 46275 (SC)    

Supreme Court  ·  SC.234/1975 ·  24 Mar 1976 ·  Nigeria
 · 
Other Citations
OBOLO v. ALUKO & 7 ORS. (1976) 3 S.C. (REPRINT) 113
CORAM
DARNLEY A. R.ALEXANDER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria
Core Terms Beta
defendant
appeal
evidence
competent witness
disu
court
opponent
party
plaintiff
subpoena
behalf of the plaintiff
case
respondents
section
6th respondent
application
authorities
authority
case defendant
circumstances
civil action
civil case
compellable witness
conjunction
counsel
d. a. r. alexander
decision of the learned trial judge
doubt
evidence law
exceptions
fact
hesitation
issue
law
leading judgment
learned trial judge
legal practitioner
matter
mr. j.a. omakwu
mr. omakwu
obedience
own application
profession
proposition
succeeding sections of the evidence law
trial
trial court
view
witness

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) ann…

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