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EVIDENCE ADMISSIBLE UNDER CERTAIN CONDITIONS vs EVIDENCE NOT ADMISSIBLE AT ALL

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In Unity Life and Fire Insurance Company Ltd V. International Bank of West Africa (2001) LPELR-3412 (SC) (2001) NWLR (Pt 713) 610 this Court in restating the principle has held at pages 21 22; page 627 of the reports as follows: “A distinction must however, be drawn between where the evidence complained of is one which by law is prima facie admissible albeit under stipulated conditions as against where such evidence is by law inadmissible in any event and in all circumstances. In the latter class of cases, such evidence ought never to be acted upon by any Court of law whether, of first instance or of appeal, and it is immaterial that its admission in evidence was by the default or consent of the party complaining in failing to raise the necessary objection at the appropriate time. In other words, where the evidence complained of is by law inadmissible in any event and all circumstances, the evidence cannot be acted upon by any Court of law even if the party complaining failed to raise any objection or consented to the admission of such evidence in the proceeding. The appellate Court in such circumstance is duty bound to entertain a complaint on the admissibility of such evidence by the trial Court, reject it if it finds it absolutely inadmissible in any event and in all circumstances and decide the case on the legal evidence before the Court…”

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WHEN IS A PIECE OF EVIDENCE CREDIBLE

A piece of evidence is credible when it is worthy of belief, see Agbi v. Ogbeh (2006) 11 NWLR (Pt. 990) 1; Dim v. Enemuo (2009) 10 NWLR (Pt. 1149) 353, Eta v. Dazie (2013) 9 NWLR (Pt. 1359) 248; A. J. Inv. Ltd. v. Afribank (Nig.) Plc. (2013) 9 NWLR (Pt. 1359) 380; Emeka v. Chuba-Ikpeazu (2017) 15 NWLR (Pt. 1589) 345. In the same vein, a piece of evidence is conclusive if it leads to a definite result, .see Nruamah v. Ebuzoeme (2013) 13 NWLR (Pt. 1372) 474.

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

Having regard to the provisions of section 132(1) of the Evidence Act, oral evidence cannot be admitted to contradict, alter, add to or vary a contract or document unless such evidence falls within any of the matters that may be proved by such oral evidence by virtue of the provisos thereto. The provisos only permit evidence which will not be inconsistent with the terms of the relevant contract or document.

– Uwaifo JSC. Fortune v. Pegasus (2004)

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WHERE EVIDENCE NOT CHALLENGED ONUS IS DISCHARGED

Ajero & Anor. v. Ugorji & Ors (1999) LPELR – 295 (SC), where Onu JSC., had stated inter alia thus: “Indeed, the Court has by a host of decided cases stated that where evidence called by a Plaintiff in a civil case is neither challenged nor contradicted, the onus or proof on him is discharged on a minimum of proof.”

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PROOF REQUIRED UNDER EVIDENCE ACT NOT APPLICABLE TO ARBITRATION PROCEEDINGS

Proof as required under the Evidence Act is not applicable in arbitral proceedings as provided for in Section 256(1)(a) of the Act which says that: “This Act shall apply to all judicial proceedings in or before any Court established in the Federal Republic of Nigeria, but it shall not apply to – (a) Proceeding be an arbitrator.” Absence of evidence in proof of facts submitted to an arbitrator, required under the Evidence Act, is not a ground for setting aside an arbitral award.

– Garba, JCA. Dunlop v. Gaslink (2018)

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COURT MAY RELY ON EVIDENCE UNCHALLENGED

It is trite that where evidence tendered by a party to any proceedings was not challenged or put in issue by the other party who had the opportunity to do so, it is always open to the court seised of the matter to act on such unchallenged evidence before it. See Isaac Omoregbe V Daniel Lawani (1980) 3-4 S.C. 108 at 117; Odulaja V Haddad (1973) 11 S.C. 357; Nigerian Maritime Services Ltd. V Alhaji Bello Afolabi (1978) 2 S.C. 79 at 81; Adel Boshali V Allied Commercial Exporters Ltd. (1961) All NLR 917; (1961) 2 SCNLR 322.

— Iguh, JSC. Yesufu v. Kupper Intl. (1996) – SC.302/1989

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PLAINTIFF MUST RELY ON THE STRENGTH OF HIS CASE

In Ngene v. Igbo (2000) 4 NWLR (Pt. 651) 131 at 142, this Court, per Ogundare, JSC said: “A long line of cases beginning with Kodilinye v. Mbanefo Odu (1935) 2 W.A.C.A. 336 has laid it down that in a claim for declaration of title the onus is on the plaintiff to prove his case. He must rely on the strength of his own case and not on the weakness of the defence – Jules v. Ajani (1980) 5/7 SC 96 except of course where the weakness of the defendant’s case tends to strengthen plaintiff’s case – Nwagbogu v. Ibeziako (1972) Vol. 2 (Pt.1) ECSLR 335, 338 SC or where the defendant’s case supports his case – Akinola v. Oluwo (1962) 1 SCNLR 352 (1962) 1 All NLR 224 (1962) (Pt. 1) All NLR 225 all of which is not the case here.”

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