LEGAL PRINCIPLE: EVIDENCE LAW — Presumptions — Failure to Call Material Witness
PRINCIPLE STATEMENT
Failure to call a material witness who could substantiate a claim may invoke the presumption under section 149(d) of the Evidence Act against the party who failed to call such witness.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Agbana v. Owa & Ors (2004) NLC-832000(SC) at p. 12; Paras A–B.
"Like the learned Judge, I expected the appellant to call any of the kingmakers who appointed him as the traditional ruler. Unfortunately, he gave evidence for himself and did not call any witness to substantiate or authenticate his evidence of appointment. I am seriously tempted to invoke the provision of section 149(d) of the Evidence Act against the appellant."
EXPLANATION / SCOPE
Failure to call a material witness may lead to an adverse inference. The principle applies to evidence law. Section 149(d) of the Evidence Act creates a presumption. The rule encourages parties to call available material witnesses. The court may draw an inference against the party who fails to call such witnesses. The principle is well-established.