WITHHOLDING EVIDENCE: Conditions that must be satisfied before a Court will presume withholding of evidence

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“It must be stated here that the attempt by the learned Counsel for the Appellant to invoke the Provision of Section 167 (d) of the Evidence Act 2011 in this respect is to no avail. This is because the two conditions precedents to the operation of the section are not present in this case. They are: 

a) That such evidence existed.

b) That it was that party that withheld it.

See: 
UMAR VS. STATE (2014) LPELR – 23190 (SC); ONWUJUBA VS. OBIENU (1991) 4 NWLR (PT. 183) 16.”Per OWOADE, J.C.A. (Pp. 28-29, Paras. D-A); JUBRIL v. FRN (2018) LPELR-43993(CA)