EPHRAIM OMOROSE IBUKUN AKPATA, J.C.A. (Delivering the Leading Judgment): What is perjury? Should a Judge refer a witness to the police for "investigation" when it has not been established in the proceedings before him that the witness has committed perjury? Is it the function of a Judge or that of counsel to confront a witness with his previous evidence in an earlier proceeding in order to discredit him or show that he has committed perjury? These questions have arisen in this appeal.
The appellants as plaintiffs instituted an action against Messrs Niger-bras Shipping Line Limited by a writ of summons dated 31/9/81 claiming the sum of N100,000.00 as special and general damages for the loss of the appellants' 425 Cartons of Cotton Carded Yarn consigned to the order of the appellants on a bill of lading.
By order of the Federal High Court, the Nigerian Ports Authority, the respondents in this appeal, were joined as the second defendants. Pleadings were filed and the action proceeded to …