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REQUIREMENT FOR ADMISSIBILITY

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It is trite, that the basic principle on admissibility in law, is whether the documents are duly pleaded; whether they are relevant to the facts in issue and whether they are admissible in Law? See the cases of AONDO AKAA V OBOT 7 OR 2021 SC; TORTI V UKPABI 1984 1 SC PG 370 and DIKIBO & ORS V IZIME 2019 LPELR – 48992-CA. There is no gainsaying the fact, that the certified true copies admitted by the court met the criteria on admissibility, as relevancy governs admissibility and the said documents were pleaded. See the cases of NAB LTD VS SHUAIBU (1991) 4 NWLR (PT. 186) 450, OKECHUKWU VS INEC (2014) 17 NWLR (PT. 1436) 256 AT 294-295.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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IT IS THE EVIDENCE ACT THAT DETERMINES ADMISSIBILITY

It has to be pointed out here that what determines admissibility or otherwise of a particular piece of evidence or document is the Evidence Act and not the common law. See also R. v. Agwuna (1949) 12 WACA 456 at 458. — S. Galadima, JCA. Jadesimi & Anor. v. Egbe (2003) Was this dictum helpful?...

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COURT CAN ONLY ACT ON ADMISSIBLE EVIDENCE

There is no doubt, however, that a court is expected in all proceedings before it to admit and act only on evidence which is admissible in law (i.e. under the Evidence Act or any other law or enactment relevant in any particular case) and so if the court should inadvertently admit inadmissible evidence it has...

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A DOCUMENT WHICH IS CONSISTENT WITH THE PLEADINGS IS ADMISSIBLE

A document is admissible in evidence if it is relevant to the facts in issue and admissible in law. The converse position is also the law, and it is that a document which is irrelevant to the facts in issue is not admissible. Documents which are tendered to establish facts pleaded cannot be rejected on...

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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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THREE MAIN CRITERIA FOR ADMISSIBILITY OF A DOCUMENT

A good starting point is to state the three main criteria that govern the admissibility of a document in evidence, namely:- (1) Is the document pleaded? (2) Is it relevant to the inquiry being tried by the court? and (3) Is it admissible in law? See Okonji v. Njokanma (1999) 11 – 12 SCNJ 259...

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COURT WILL EXPUNGE INADMISSIBLE EXHIBIT RECEIVED IN EVIDENCE

The law is that where a Court has received evidence that is inadmissible, the proper thing is to expunge such evidence from the records; see Zenith bank Plc v. Ekereuwem (2012) 4 NWLR (Pt. 1290) at 213 214. Consequently, I make an Order expunging Exhs. PW1-A1 PW1-A7 from the record of this Court in this case.

— I.E. Ekwo J. Mbah v. NYSC, Ibrahim Muhammad (FHC/ABJ/CS/611/2023, 10-NOV-2023)

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