LEGAL PRINCIPLE: EVIDENCE LAW — Expert Evidence — Qualifications of Expert — Necessity to Satisfy Court of Expertise
PRINCIPLE STATEMENT
In certain cases, evidence of opinion of an expert is relevant, but he must be called as a witness and must state his qualifications and satisfy the court that he is an expert on the subject and must state clearly the reasons for his opinion.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Sowemimo & Anor v. State (2004) NLC-452002(SC) at p. 11; Paras C–D.
"In Wambai v. Kano Native Authority (1965) NMLR 15, it was held that in certain cases, evidence of opinion of an expert is relevant, but he must be called as a witness and must state his qualifications and satisfy the court that he is an expert on the subject in which he is to give his opinion and he must state clearly the reasons for his opinion."
EXPLANATION / SCOPE
An expert witness must state qualifications and satisfy the court of expertise on the subject. The expert must state clear reasons for the opinion given. The principle applies to expert evidence in all proceedings. The rule ensures only qualified experts give opinion evidence. The court assesses the expert’s qualifications and reasoning. Unqualified witnesses cannot give expert opinions.
