13. EVIDENCE - EXAMINATION OF WITNESS: Purpose of re-examination
"The purpose of re-examination is to clear up any ambiguity that may have arisen
as a result of cross-examination." Per KEKERE-EKUN, J.S.C. (Pp. 31-32, Paras. G-A)
(...read in context)
14. EVIDENCE - PLEA OF NON EST FACTUM: When a plea of non est factum will
not avail a person
"At pages 176 - 177 of the record of appeal, the lower Court held in relation to
appellant's plea of non est factum inter-alia as follow:, "On the issue of the
statement, exhibit A, it is the contention of the appellant that he did not make the
statement because learned counsel for him had raised the defence of non est
factum when the statement was being tendered in evidence... Thereafter the
statement was admitted in evidence and marked as exhibit A. The appellant did
not say anything in elaboration of his plea of non est factum. In effect, exhibit A
was admitted in evidence without objection... Learned counsel did not offer an
explanation when he pleaded non est factum to enable both the prosecution and
the trial Court know what the defence was up to. It looks like an attempt to spring
a surprise. When the appellant gave evidence on oath, he did not deny making
exhibit A. All he said on his statement was that the police took his statement and
when confronted by his counsel with exhibit A, he said 'I only know the Arabic
alphabets. I can't read the English letters in exhibit A' ..... This has not
contradicted the evidence of PW3 who testified to the effect that the appellant
signed exhibit A by writing his name in Arabic. There is nothing in the testimony of
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