SEASONS GREETINGS from John Johnson (NBA ABA DIGITAL LEGAL ADVISER) & C.K. Anyanwu (Lawyer of Promise)

"There is no doubt that malicious intent of a witness or complainant can be a good defence where the Defendant can say and then go on to prove that apart from the existing ill will on the part of the witness, the witness did something overtly to tamper with the evidence produced by the Prosecution; For example, deliberately planting the clothes of the Defendant at the scene of crime."

NWAFOR vs. THE STATE(2018)

LPELR-446­37(CA)

ISSUE: EVIDENCE OF WITNESS

-Whether the malicious intent of a witness can be used as a defence to raise doubt regarding the evidence of the witness

PRINCIPLE:

"The Appellant and the other Accused Persons had stated that the PW1 implicated them in the murder case out of malice because they had a quarrel over communal land which PW1 had sold without their consent.

I have to agree with the learned trial Judge that the Police was not obliged to investigate the allegation of the land quarrel between the complainant, PW1 and the Appellant and the other Accused Persons at trial. 

It would indeed amount to a wild goose chase of no benefit to the defence if found to be true, since the fact of a previous quarrel over land in itself cannot detract from any other facts or evidence adduced by the Prosecution. 

Generally, the issue of the malicious motive of the PW1 in giving his testimony would go to the credibility of his evidence and that point could have been elicited from him during cross-examination. 

There is no doubt that malicious intent of a witness or complainant can be a good defence where the Defendant can say and then go on to prove that apart from the existing ill will on the part of the witness, the witness did something overtly to tamper with the evidence produced by the Prosecution; For example, deliberately planting the clothes of the defendant at the scene of crime etc. Where there is no overt act of the witness, the mental state of having ill will against the Defendant unless verbally expressed and conceded under cross-examination cannot be used by the Defendant as a defence or to raise doubt regarding the evidence of a witness. 

Afterall, as the immortal bard for all seasons, William Shakespeare would say: "There is no art to find the mind's construction in the face." Per OGUNWUMIJU, JCA.(Pp.33-34,Paras.­D-F).