TOBA FALODE: ROLE OF WITNESSES IN TRIAL

The death of Toba Falode, son to a veteran sport journalist Aishat Falode who fell to his death in Dubai,his body was found dead outside Manchester Tower in Dubai Marina on February 15,2014.It was gathered that he was pushed/fell from a 17^th floor to the floor which led to his death. In the case of investigation the family collected from some witnesses who claim there was a dispute on the apartment balcony seconds before Falode fell to his death, they say at least two people saw him fall to the ground and were inside the apartment.

The family through their solicitor, Lagos Nigeria based lawyer Festus Keyamo has given a clear 7 days notice for witnesses to go the Jebel Ali police station before launching a publicity campaign in Dubai.

This takes us to the role of witnesses in criminal matters, SECTION 175(1) EVIDENCE ACT 2011 state that

All persons shall be competent to testify unless the court considers

that they are prevented from understanding the questions put to them,

or from giving rationale answers by reason of tender years, extreme old age,

disease whether of body or mind or any cause of the kind.

(2) a person of unsound mind is not incompetent to testify unless

                he is prevented by his mental infirmity from understanding the questions

put to him and giving rational answers to them.

 

What the above quoted section of the Evidence Act is saying is that all persons shall be competent and compellable to testify, therefore those who spoke with the family that they witnessed the incidence shall be competent enough to give evidence in the law court and also compellable where they fail to do so.

 

A witness’s right is also protected SECTION 183 EVIDENCE ACT states that no witness shall be compellable as no witness shall be compelled to give evidence that can incriminate him but can be compelled to give evidence when need arise.

 

A proof of evidence in criminal case is like a statement of claim in civil cases; it should be explicit and should not hide anything from other party as it is not a game of hide and seek. In OLOWOYO V. STATE CA/C/91(2012) 17 NWLR and JOSIAH V.STATE it was held that all facts evidence and exhibits should be brought to the court to enable the appellant prepare his defence.

 

The veracity and credibility of a witness is assessed with the following knowledge of witness on the facts to which he testifies, his disinterestedness, integrity or whether evidence of witness is contradictory or contradicted by surrounding circumstances. IKEKWEM V. COP DELTA STATE (2005)

 

It is worth to note that where a made previous statement is inconsistent with the evidence given at the trial, the court will be slow to act on the evidence as unreliable ONUBOGU V. STATE (1974) ANLR 561.

 

Your Rights Under Law is hereby appealing to the witnesses in the interest of justice to kindly come out and give evidence within their knowledge to help get to the root of this killing, we never can tell who the next victim would be.

 

Note that the law does not respect anyone failure to comply you shall be compelled to do so. Let’s put an end to CRIME.

 

REST ON TOBA FALODE.

Yours faithfully,

 

Oyenike Alliyu-Adebiyi LLB(hons)BL