DOCTRINAL AND PRACTICAL ASPECTS OF IMPEACHING WITNESS' TESTIMONIAL CREDIT: CROSS-EXAMINATION AS A TOOL IN FACT-FINDING.

The value and centrality of testimonial credit of a witness in an adversarial judicial process seems not to have been duly appreciated by stakeholders in the justice delivery sector. This article examines the policy and practice of impeaching the testimonial credit of a witness using the instrumentality of cross-examination with a focus on unravelling the role of the legal practitioner or party and the court. The article particularly explores the potency of the instrumentality of cross-examination in aiding the judex to expose the incapacity or unlikeliness of the witness to tell the truth in the relevant proceedings. Ample time is further dedicated to examine the discretion exercisable by the court in the evaluation of the discredited witness in its judgment. The paper also considered a juxtaposition of the law, policy and practice of impeaching witness’ credit in Nigeria with other common law jurisdictions such as the United Kingdom and United States of America particularly with respect to the effect and value of evidence given by a witness whose testimonial credit has been successfully impeached in court. The article concludes by expressing the need for Nigeria to consider a paradigm shift in the policy and practice particularly with respect to the consequences such impeachments on the credit of witnesses attract