Examination of Witness

Section 232 of Evidence Act, 2011 is intended to check the double-speak of a witness, who is prevaricating on an issue that he had made previous statement in writing on. There are essential requirements of the Section that the party cross-examining a witness, who intends to impeach the credit of the witness by showing that what the witness is presently saying contradicts his previous statement in writing, must comply with. That is, (a) the attention of the witness must be specifically drawn to those parts or portions of his previous statement in writing which are to be used for the purpose of contradicting him; (b) the witness must be reminded of what he had stated in the previous statement, and (c) he must be given an opportunity of making explanation on the apparent contradictions. From the authoritative stance of this Court those are the templates the cross-examiner shall comply with before he tenders any previous statement in writing by a witness for the purpose of contradicting the witness and impeaching his credibility. See MADUMERE v. OKAFOR (1996) 4 NWLR (pt.445) 637; AMODU V. THE STATE (2010) 2 NWLR (pt.1177) 47.

There is a procedure in Section 232 of the Evidence Act, 2011 for admitting in evidence the previous statement in writing of a witness who is under cross-examination, if it is intended thereby to contradict him and impeach his credibility. Section 232 of Act gives the person cross-examining a witness two options. Bello, JSC, in AJIDE v. KELANI (1985) 3 NWLR (pt.12) 248 at 200 – 261, (1985) 16 NSCC (pt.2) 1298 at 1309, stated the options thus –
"He may cross-examine the witness on the writing and if he is satisfied with the answer given by the witness or if he does not intend to pursue the matter further, he is not required to show the writing to the witness or to prove the writing. But if the cross-examiner intends to contradict the witness by the writing, then he must show the writing to witness and call his attention to those part of the writing which are to be used for the purpose of contradicting the witness. It is only after this condition has been complied with that the writing can be admitted in evidence."
It is the duty of the person cross-examining a witness to comply with the conditions set out in Sections 232 of the Evidence Act, 2011 in order that the previous statement in writing of the witness becomes admissible in evidence for the purpose of contradicting the witness and thereby impeach his credibility. See KWAGSHIR v. THE STATE (1995) 5 SCNJ 222 at 228; BALOGUN v. A.G. OYO STATE (2002) FWLR (pt. 100) 1287 SC.