EVIDENCE LAW ā Handwriting expert evidence ā Trial court’s power to compare signatures
Ratio Decidendi
Per Oguntade, JSC (quoting trial court), in Abeke v. State (2007) NLC-123-271-2005(SC) at pp. 4ā5; Paras EāA:
"Besides the evidence of the Handwriting Expert PW4, I have myself examined the signature on the said cheque ā Exhibit B, with the letter and signature on Exhibit A ā Letter hand written by the accused as well as the specimen signatures on Exhibits D ā D5 and the comparative table in Exhibit A, B, D, E, thereon and have compared them as well as Exhibit E with the disputed signature on Exhibit B and I have formed my opinion that they were all written and signed by the accused, which I believe I have power to do; being an option open to me, assuming I am not bound by the evidence of the expert witness (PW4)."
Explanation / Scope
Section 73 of the Evidence Act permits the court to compare disputed writings with admitted or proved writings to determine authorship. The court is not compelled to accept the opinion of a handwriting expert; it can exercise its own independent judgment. The trial judge’s comparison must be made based on proper materials and the court must state its reasons. This power is particularly useful where expert evidence is unavailable, inconclusive, or conflicting. The principle ensures that the court remains the ultimate arbiter of fact and does not abdicate its role to expert witnesses. However, the court must exercise this power with caution.