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ADMISSIBILITY IS BASED ON RELEVANCE; HOW OBTAINED IS IMMATERIAL

Dictum

Kuruma, Son of Kaniu v. The Queen (1955) A.C. 197 at p.203, observed. “In their Lordships’ opinion the test to be applied in considering whether evidence is admissible is whether it is relevant to the matter in issue. If it is, it is admissible and the court is not concerned with how the evidence is obtained. While this proposition may not have been stated in so many words in any English case, there are decisions which support it, and in their Lordships’ opinion it is plainly right in principle. There can be no difference in principle for this purpose between a civil and a criminal case. No doubt in a criminal case a judge always has a discretion to disallow evidence if the strict rule of admissibility would operate unfairly against an accused.”

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COMPLAINT ON WRONGFUL ADMISSION IS A GROUND OF LAW

It is settled law that a complaint about wrongful admission of evidence is a ground of law alone, a ground of appeal complaining that there was no evidence or no admissible evidence upon which a decision was based, is a ground of law. And an issue on legal interpretation of documents will be a ground...

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DEMEANOR PLAYS LITTLE ROLE WHERE DOCUMENTARY EVIDENCE HAS BEEN ADMITTED

The Supreme Court in Ohijinle vs. Adeagbo (1988) 2 NWLR (Pt. 75) 238 held that where documentary evidence have been admitted in evidence, demeanour plays an insignificant if any role. The documents tendered in the case should be used as a hanger with which to assess oral testimony. Was this dictum helpful? Yes 0 No...

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ADMISSIBILITY OF A CONFESSIONAL STATEMENT

Olalekan v. State (2001) LPELR-2561(SC) 4, 50-51, F-A, where Onu, J.S.C. held as follows: “This Court has held times without number that the statement of an accused is not inadmissible merely because it is taken down in a different language from the language of the person making it. See Queen v. Baba Haske (1961) 1...

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UNSIGNED DOCUMENTS NOT ADMISSIBLE

The Supreme Court in Omega Bank (Nig) Plc v. O.B.C. Ltd. [2005] 8 NWLR (Part 928) 547 at 587 Paragraphs C – D per Tobi, JSC (as he then was) the Apex Court held inter alia that: “… It is my view that where a document is not signed, it may not be admitted in...

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INHERENTLY INADMISSIBLE EVIDENCE CAN BE EXPUNGED AT ANYTIME

Incontestably, if a party fails to register an objection to the admissibility of a document in the bowel of a trial Court, he is estopped from opposing its admission on appeal. This hallowed principle of procedural law is elastic. It admits of an exception. Where a document is inherently inadmissible, as in the instant case,...

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