7 objections every serious litigator in Nigeria should know ( and when to raise them at trial):
1. Counsel asks a witness for his opinion:
Example:
“Witness, with your level of education, should you have believed him?”
You respond:
“My Lord, I object to that line of questioning. The witness has not been held out as an expert; his opinion is neither relevant nor admissible.”
Authorities:
S. 67, Evidence Act 2011; Oyekola v INEC (2023)
2. Counsel tries to tender photocopy of a public document
Your response:
“My Lord, in the absence of original copies of public documents, only properly certified copies thereof are admissible. The evidence is relevant but inadmissible in its present form.”
Authorities:
S. 102(1)(a), Evidence Act 2011; TABIK Investments Ltd v GTB Plc (2011)
3. Counsel attempts to tender a computer-generated document without a Section 84 certificate.
Your response:
“My Lord, we urge the court to reject the document in question. It does not satisfy the requirement of the law concerning its admissibility. There is no certificate of authentication attached.”
Authorities:
Section 84(1), (2) & (4), Evidence Act 2011
4. Counsel is suggesting answers to his own witness.
Your objection:
“My Lord, we must object to this line of questioning. Counsel is asking leading questions.”
Authorities:
S. 221, Evidence Act 2011
5. Opposing Counsel tells the court that you failed to call a material witness
Your objection:
“My Lord, learned counsel should refrain from telling us how to conduct our case.
The law is trite: it is not every available witness that must be called to testify. Besides, nothing is stopping the defence from calling the same witness if they so wish.”
Authorities:
Babarinde v State (2014); State v Aju (2002)
6. Counsel on the other side is grilling your witness in an intimidating tone
Your objection:
“My Lord, we must seek the protection of the court at this stage. Counsel should, with due respect, refrain from antagonizing the witness
He should give him the opportunity to answer the questions.”
Authority:
S. 36 of the CFRN (as amended)
P.S: Lawyers, which other objection belongs on this list?
#litigationlife #lagoslawyers #abujalawyers #litigationlawyer #NigerianBarAssociation #newwig #younglawyers #litigation #lawyertips #lawyersoffacebook #lawyerservices #TrialLawyers
1. Counsel asks a witness for his opinion:
Example:
“Witness, with your level of education, should you have believed him?”
You respond:
“My Lord, I object to that line of questioning. The witness has not been held out as an expert; his opinion is neither relevant nor admissible.”
Authorities:
S. 67, Evidence Act 2011; Oyekola v INEC (2023)
2. Counsel tries to tender photocopy of a public document
Your response:
“My Lord, in the absence of original copies of public documents, only properly certified copies thereof are admissible. The evidence is relevant but inadmissible in its present form.”
Authorities:
S. 102(1)(a), Evidence Act 2011; TABIK Investments Ltd v GTB Plc (2011)
3. Counsel attempts to tender a computer-generated document without a Section 84 certificate.
Your response:
“My Lord, we urge the court to reject the document in question. It does not satisfy the requirement of the law concerning its admissibility. There is no certificate of authentication attached.”
Authorities:
Section 84(1), (2) & (4), Evidence Act 2011
4. Counsel is suggesting answers to his own witness.
Your objection:
“My Lord, we must object to this line of questioning. Counsel is asking leading questions.”
Authorities:
S. 221, Evidence Act 2011
5. Opposing Counsel tells the court that you failed to call a material witness
Your objection:
“My Lord, learned counsel should refrain from telling us how to conduct our case.
The law is trite: it is not every available witness that must be called to testify. Besides, nothing is stopping the defence from calling the same witness if they so wish.”
Authorities:
Babarinde v State (2014); State v Aju (2002)
6. Counsel on the other side is grilling your witness in an intimidating tone
Your objection:
“My Lord, we must seek the protection of the court at this stage. Counsel should, with due respect, refrain from antagonizing the witness
He should give him the opportunity to answer the questions.”
Authority:
S. 36 of the CFRN (as amended)
P.S: Lawyers, which other objection belongs on this list?
#litigationlife #lagoslawyers #abujalawyers #litigationlawyer #NigerianBarAssociation #newwig #younglawyers #litigation #lawyertips #lawyersoffacebook #lawyerservices #TrialLawyers