LEADING QUESTION(Ar: 136-138)QSO,1984
One which leads the witnesses up to denied answer,one which is put in such a way as suggest to the witness the answer which is suggest or expected or wanted.it embodys a material fact admittance of a conclusive answer by a simple negative or affirmative way.QSO, 1984 has lay down a general rule that a party cannot ask a L.Q to his own witness during examination-in-chief and re-examination but a L.Q may be asked by adverse party during cross-examination.
TEXT OF RELEVANT PROVISION:
136. Leading questions: Any question suggesting the answer which the person putting in wishes or expects to receive is called a leading question.
137. When leading questions must not be asked: (1) Leading questions must not, if
objected to by the adverse party, be asked in an examination-in-chief, or in a reexamination,
except with the permission of the Court.
(2) The Court shall permit leading questions as to matters which are introductory or
undisputed, or which have in its opinion, been already sufficiently proved.
138. When leading questions may be asked: Leading questions may be asked
in cross examination
o Cross reference:
Ar:132,141,144,146,149 of QSO,1984
o The whole CHAPTERX x OF THE EXAMINATION OF WITNESSES IS
Important in Leading Question
EXPLANATION OF CONCEPT OF L QUESTION:
In common Law system that rely on testimony of witnesses, a L.Q is a q that suggests the answer or contains the information the examiner is looking for
For example:
You were at buffy’s bar on the night of July 15,weren’t you?
It suggests that the witness was at Duffy’s Bar on the night in q.The same q in a non leading form would be:
Where were u on the night of July 15?
The form of q does nt suggest to the witness the answer the examiner hopes to elicit.
It is important to distinguish bt L.Q and q that are objectionable because they contain implicit assumptions.The classic example is:
Have you stopped beating your wife?This q is not leading , as it does not suggest that the examiner expects any particular answer,it is basically an argumentive q.
DEFINITION OF L.Q U/AR:136. Leading questions: Any question suggesting the answer which the person putting in wishes or expects to receive is called a leading question.
KINDS OF LEADING Q:
i. q assuring the controversed effect
q calling for anser ‘yes’ or ‘No’(a q admitting of being answered by a simple yes or no is regarded as generally a L.Q /improper q.
Alternative q (did you or did you not)
DETERMINATION WETHER Q IS L.Q OR NOT :
The Court should look beyond the substance with effect of inquiring.
WHEN A L.Q MAY BE ASKED?
138. When leading questions may be asked: Leading questions may be asked in cross examination:
u/ar: 138 of QSO, a leading q may be asked in cross-examination
• To adverse party: Reason =the reason is that the q which are put to a witness of adverse party in cross-examination being to test accuracy, credibility and general value of evidence given to shift the facts already stated by the witness. Sometimes it become necessary for a party to put leading q in order to elicit facts in support of his case, even though the facts are elicit may be entirely unconnected with facts testified to in examination in chief.
• A leading q may be asked in examination in chief with the permission of the court
• To a hostile witness (ar:150) takes upon adverse attitude to him where a party may be allowed to cross examine its own witness.
• When the object of the leading q is to contradict another witness as to the expression used by him but which he denies having used, the ‘w’ may b asked leading q.
• When a witness have a ‘defected memory’,it may be agitated by few leading q.
Object to ask leading q:
Sometimes it is necessary to leading q to elicit facts in support of the case.
To ask material points
To put q in witness mouth
Assuring a fact proved
WHEN L.Q MUST NOT BE ASKED: u/137.
When leading questions must not be asked:U/ar:137 (1) Leading questions must not, if
objected to by the adverse party, be asked in an examination-in-chief, or in a reexamination,
except with the permission of the Court.
General Rule:
u/ar: 137 QSO a leading q MUST not be asked if
a. objected by the adverse party in
.Examination in chief u/ar:132(1)
.Re-examination u/ar:132(3)
EXCEPTION: u/ar:137(2)
The Court shall permit leading questions as to matters which are introductory or undisputed, or which have in its opinion, been already sufficiently proved.
MATTERS IN WHICH COURT SHALL PERMITTED TO ASK L.Q:u/ar:137(2)
Introductory matters
Undisputed matters
Sufficiently proved matters
WHERE A L.Q CAN BE ASKED BY A PARTY TO HIS OWN WITNESS
If not objected by the adverse party ar:137(1)
With the leave of the court ar:137(1)
Introductory matters
Undisputed matters or matters sufficiently proved
Identification purposes
Contradictory purposes u/ar:140
To Assist memory of the witness u/ar:155
Witness for understanding of some issue (child,illiterate)
If nature of matter requires so
For the interest of justice
In cross Examination
POWER OF DISCRETION OF THE COURT u/ar:137
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