Department of Jurisprudence and Public Law

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Browsing Department of Jurisprudence and Public Law by Author "Abdulfatai Abdulkareem"

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    TIME LIMIT FOR CROSS-EXAMINATION-CURTAILMENT OF PARTIES' RIGHT TO FAIR HEARING? By
    (Department of Private Law, University of Maiduguri, 2020-07-30) Abdulfatai Abdulkareem
    Abstract The practice and/or procedure of Judges of setting time limits for cross-examination of witnesses in Nigerian Courts is no doubt on the increase and fast gaining ground in the trial courts. This practice manifests itself in various forms ranging from cutting short the process of cross examination of witness, asking the counsel cross-examining to round off,to actual setting or allocation of time for the cross-examination. And this is so even where the cross-examiner still has relevant and germane questions to ask from the witness. The question, however, is whether this does not infringe on the litigants' fundamental right to fair hearing as enshrined in the constitution.' Apart from the provision of the 1st Schedule to the Electoral Act 2015 (as amended)2which gives the Election Petition Tribunal the power to allot time for cross-examination of witnesses in election cases which is sui generis, there seems to be no law giving powers to the trial judges to allot time for cross-examination of witnesses at trial. This paper seeks to examine the Law and/or Rules of Courts governing cross-examination of witnesses in our trial courts viz-a-viz the concept of fair hearing with a view to recommending or proffering solution so as to ensure that parties' fundamental right to fair hearing is not infringed upon.