"WITHOLDING EVIDENCE"- MEANING, LEGAL RIGOUR AND IMPLICATIONS UNDER NIGERIA ADJECTIVAL ECOSYSTEM

Abstract

By recourse to statutory stipulations and judicial authorities, this paper examined the meaning, legal rigour and implications of the “presumption of withholding” evidence under the adjectival laws of Nigeria. The paper established that a party is said to have “withheld evidence if it “deliberately did not present evidence that could be relevant to a case” either because he pleaded it himself or the adverse party demanded it formally. The paper further established that the “presumption of withholding evidence” is not the same thing with “non-production of witnesses” because the latter belongs to the autonomous realm of parties to call or refuse to call any number of witnesses in the conduct of their cases. It was recommended that where successfully established; the Court should not hesitate in holding that evidence that is withheld would if produced be unfavourable to the party withholding it. No party should be allowed to hoodwink the Court or use subterfuge to conduct his case or matter.