LEGAL PRINCIPLE: EVIDENCE LAW — Customary Courts — Calling of Independent Witness
PRINCIPLE STATEMENT
In proceedings in Native, Customary, or Area Courts, it is not unusual for the court on its own to call a witness it considers would help resolve a disputed fact vital for deciding an issue.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onwuama v. Ezeokoli (2002) NLC-1721996(SC) at p. 7; Paras B–C.
"I must at this point say that in proceedings in Native, Customary or Area Courts, it is not unusual for the court on its own, to call a witness it considers would help to resolve a disputed fact vital for deciding an issue. That was the procedure the trial Customary Court adopted in this case when it was confronted with conflicting versions of the same event in regard to what was decided by the Council of Elders."
EXPLANATION / SCOPE
Customary Courts have the power to call witnesses on their own motion to resolve disputed facts. This is permissible because customary courts are not strictly bound by adversarial procedure. The court may call an independent witness to clarify conflicting evidence. The principle ensures that the court can reach the truth. The parties are not prejudiced because they may cross-examine the witness. The rule applies to Native, Customary, and Area Courts. The appellate court will not interfere with the exercise of this discretion unless it caused a miscarriage of justice. The power is part of the court’s inquisitorial function. The principle promotes substantial justice.