Critical Analysis of Corroboration Under the Nigerian Law of Evidence
Chapter One
OBJECTIVES OF STUDY
The main objective of this essay is to critically analysis corroboration under the Nigerian law of evidence in order to shed light on the concept of corroboration under the our legal system. Furthermore, the essay tends to highlight circumstances where corroboration may or must be required. It will also show the effect of corroboration on a piece of evidence, natures of corroboration, the position of judges in corroboration issues and examine the provision of the Evidence Act on corroboration. The basis for analysis shall be for the purpose of showing new areas in the concept as a result of dynamism in the legal system.
CHAPTER TWO
PRINCIPLE OF CORROBORATION
INTRODUCTION
Corroboration though a foreign principle, has found a stronghold in the Nigerian legal system, though it’s origin can be traced traditionally as seen in the traditional system of justice before the reception of foreign laws and it origin can equally be traced to the importation of British laws and it subsequent incorporation into the evidence act. The meaning of corroboration, it nature and the types of evidence that must be corroborated before conviction can be granted shall be examined and it shall also have a conclusion.
HISTORICAL BACKGROUND OF CORROBORATION IN NIGERIA.
The principle of corroboration started in Nigeria as early as the society itself, before the establishment of the British courts, and it administration in Nigeria and before the enactment of the 1945 evidence act which contain major provision and guideline on corroboration cases, the primitive Nigeria society is equally known for justice where the elders are the hearing and the deciding council and they are guided by customs and traditions as binding among the people.
Up to 1945 there was no statutory provision either local or foreign governing the principle of corroboration in Nigeria, administration of justice and corroboration of evidence was based on common sense and the binding custom of the to ensure just adjudication in the society. The evidence act of 1945 which contain a bulk of general rules relating to evidence which is made applicable and admissible to proceedings in Nigeria court by virtue of its provision in section 1(2) which provides that the act shall apply to all judicial proceedings in or before any court established in the federation of Nigeria has been observed to contain provisions to replace the common sense and cultural practices, likewise it has also be argued by scholars of different view that all that the evidence act of 1945 has done is probably to more than codifying the principle of common sense and natural justice which a tribunal of equity and good conscience should apply in order to guide it in its task of sorting out what evidence must be admitted and which should not be against a party in a proceeding, thus since common sense was not alien to our fore-fathers, it is not wrong to say that the contemporary law of evidence is not altogether new in the Nigeria traditional system, the implication of this is that before the British reached the shores of Nigeria with the contemporary rules of evidence, comparable rules to the contemporary rules were been observed and been applied in the traditional legal system which had always held by necessary implications that evidence should be relevant, admissible and corroborated before any party involved in the settlement of dispute could act on it.
Today, traditional rulers still preside over minor disputes to a limited extent. Criminal trials are still undertaken by them if the parties submit to their jurisdiction. An illustration of a typical criminal trial where corroborating evidence will be demanded in a traditional legal system may now be made. Let assume Stella accused Paul of stealing her yam which she stored on her farm, the village head will summon Paul and confront him with the allegation, if Paul asserts that he did not do it, then the village head will call on Stella to proof her allegation of stealing against Paul placing the burden of proof on Stella, if Stella merely reacts by saying that “ I was told that it was Paul who stole my yam” this piece of evidence will certainly be rejected as “hearsay” unless it is corroborated.
The village head would rather want to hear from the mouth of the person who claim he saw him removing the yams, if however Stella had said in attempting to proof the allegation, that Paul must have stolen the yams because he stole the previous year either on her farm or on someone else’s farm, this will not be admissible in evidence if Paul had been punished for that offence. If on the other hand, Stella’s testimony had been that she saw Paul while removing the yams and when she shouted, in an attempt to run away his right leg sandal dropped which she now produced and Paul in unable to explain how he lost his sandal, the testimony of Stella will be corroborated by the pair of shoes and will be admitted against Paul.
CHAPTER THREE
RULES/ FORMS OF CORROBORATION
INTRODUCTION
This chapter shall proceed to discuss the forms: (corroboration as matter of law and corroboration as a matter of practice) and types of corroboration: (Mutual corroboration, Cumulative corroboration and corroboration in identification cases) in existence under our legal system. It shall examine the position of corroboration under the common law and it shall also have a conclusion.
FORMS OF CORROBORATION
CORROBORATION AS A MATTER OF LAW.
In some cases, corroboration may be required as a matter of law prescribe by statutes. For example;
A) Perjury Act56provides that “A person shall not be liable to be convicted of any offence against this act or of any offence declared by any other Act to be perjury or subordination of perjury, or to be punishable as perjury or subordination of perjury solely upon the evidence of one witness to the falsity of any statement alleged to be false”
CHAPTER FOUR
INCIDENCES OF CORROBORATION
INTRODUCTION
This chapter is dedicated to the analysis of the requirement of corroboration in civil and criminal cases, the role of judges and jury in corroboration matter and the identified problems of corroboration with the proffered solutions to the problems. This chapter shall also have a conclusion.
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
CONCLUSION
Any proceeding before the court would either be civil or criminal, in both instances the issue of corroboration cannot be excluded if the judge aims at achieving justice. Thus the requirement of corroboration at both instances has been critically examined. This work has also been able to trace the history of corroboration in Nigeria to the primitive traditional society, the role of judges and jury in corroboration issues, the meaning of corroboration at common law and as defined by other scholars and learned.
The requirement of corroboration of evidence is becoming more pressing and complicated in our society today as the society progresses in wisdom and technological advancement. A judge’s discretion in identifying a corroborating evidence where there are more than one evidence and the danger of taking decision or convicting upon the uncorroborated witness or evidence of an accused has also been discussed at length. Corroboration itself is not free from problems and ambiguities; the work has identified the existing problems and ambiguities and stated proffered solution to problems of the concept. It should be noted that it is not all evidence that requires corroboration, this work has therefore stated in clear term and language those kind of evidence requiring evidence and also itemized and give proper elucidation on the various types of corroboration existing under our legal system. Corroboration requirement by the judges could either be mandatory or obligatory, where they are required to seek corroboration as a matter of law then it is mandatory upon them to do so and failure to comply has the effect of getting their decision quashed. There are also instances where the judges are just obliged to seek corroboration as a matter of practice, failure to comply may not necessarily have a quashing effect on their decision, but it could have a repealing effect on same.
RECOMMENDATION
This work as achieved it aim which is to give a critical analysis of the concept of corroboration under the Nigerian legal system. Also the focus of sheding brighter light on the concept has equally been achieved through the examination of the rules, principles, forms and incidences of corroboration at different point of each chapter of this work. Consequent upon the study and analysis of the concept, it has been observed that:
1) Corroboration itself can be said to be double or two edged sword in that it strict requirement and application in some cases may lead to an “inevitable injustice” while it loose requirement and application may allow justice to slip through the fingers of the law. It is therefore recommended that the discretion of the judges after a proper and clear warning should be allow prevailing in the issue of corroboration in any case be it civil or criminal.
2 ) Every good law should be dynamic and be bendable to suite any arising situation in the society thus, the opinion of the judges on the issue or the fact of the case before them should be a yard to determine basis of corroboration in case rather than being hooked in claws of technicality or statutory purview.
- It is an undisputable fact that some cases are crystal clear, even the blind on hearing then facts and surrounding circumstances could decide it without any recourse to statutory or conventional guideline, such cases should to frustrated or turn into meaningless quest all in the name of corroboration requirement even when the presence of corroboration will have no effect on it.
- Finally, though the requirement of corroboration is a sure way to justice in any given case but considerable care should be take so what is meant to make justice will not end up marring it.
BIBILOGRAPHY
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