Address of counsel/purpose of address

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3.

ADDRESS OF COUNSEL/PURPOSE OF ADDRESS

(4) ADDRESS OF COUNSEL/PURPOSE OF ADDRESS.

27. Can address be a substitute for evidence.

“It has not been in doubt that address forms part of the trial of a case because of the

importance it assumes. It is at this stage that the issues canvassed are enumerated

and the relevant law governing the issues is adverted to. It is in this light that a party

must not be denied the right to address the Court. But this does not imply that a party

must be compelled to address. No. He has a discretion in the matter. He may choose

to waive his right. It is right to point out here that as important as addresses may be,

cases are decided on credible evidence. No amount of brilliance in an address can

make up for the lack of evidence to prove and establish or else disprove and demolish

points in issue. See Niger Construction Ltd. . v. Chief Okugbeni (1987) 12 S.C.

108 at 114; (1987) 4 N.W.L.R. (Pt. 67) 787.” Per Katsina-Alu, J.C.A., Ugorji v.

Onwuka (1994) 4 N.W.L.R. (Pt. 337) 226 at 238.

28. Can address of counsel be a substitute for evidence.

“Address of counsel is not a substitute for evidence. This is because, Courts of law

deal with hard facts as produced in evidence and nothing else.” Per Onnoghne,

J.C.A., in Fatoba v. Ogundahunsi (2003) 14 N.W.L.R. (Pt. 840) 323 at 349.

29. Can address of counsel constitute evidence.

(1) “I entirely agree with the trite position in law recounted by the learned counsel

for the appellant that address of counsel no matter how well presented do not constitute

evidence.” Per Ibiyeye, J.C.A., in Edonkumoh v. Mutu (1999) 9 N.W.L.R. (Pt.

620) 633 at 649.

(2) “Having pleaded that the 3rd respondent failed to comply with the statutory

requirement as stated in section 67(3), it is the responsibility of the petitioner to prove

that point by satisfactory evidence. I fail to see how this can be done without a

deluge of evidence from the majority of the polling agents that took part in the election

all over the country. Addresses of counsel are not evidence.” Per Pats-Acholonu,

J.S.C., in Buhari v. Obasanjo (2005) 13 N.W.L.R. (Pt. 941) 1 at 286 - 287.

(3) “It is evident from the record of this appeal that none of these attached exhibits

were read or even taken as read by the Tribunal. Also, these exhibits were tendered

and received in evidence without any explanation as to what they were, or their

relationship with the petitioner’s case or even their relevance to the fact in issue. In

other words, the impact or effect of any of these exhibits to the petition was not

demonstrated in the open Court by the 1st respondent during the trial. I am not

unmindful of the fact that the documents, i.e., exhibits 1 - 12 only, are public documents

Address of Counse/Purpose of Adress Paras. 27-29