FACTS ADMITTED NEED NO FURTHER PROOF

It is trite that a crucial fact which is admitted does not require further proof as no person would admit a fact which could work against his interest unless it is true.

— J.I. Okoro, JSC. Universal Properties v. Pinnacle Comm. Bank, NJA, Opia, Heritage, Fatogun (SC.332/2008, Friday, April 08, 2022)

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ADMISSION IN EVIDENCE

Thus, where both parties have agreed on a fact in issue, no further proof of such fact was necessary as it ceases to be an issue between them:-See Chief Okparaeke of Ndrakaeme & Ors. V. Egbuonu & Ors. (1941) 7 W.A.C.A. 53. In Chief Nwizuk & Ors. v,. Eneyok & Ors. (1953) 14 W.A.C.A. 354, it was held that admissions under this section are not confined to written nor documentary admissions. They include oral admissions if made clearly in open court during the proceedings. Admissions may also be by implication where there is a failure positively to deny an allegation. In Hill V Hogg (1854) 4 Allen (New Brunswick) R 108 it was held that an admission and a confession to the commission may be given in evidence in proof of an imputation.

— Karibe-Whyte, JSC. Din v. African Newspapers (1990)

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DECLARATION OF RIGHT CANNOT BE BASED ON ADMISSION MADE IN STATEMENT OF DEFENCE

In Bello v. Eweka (1981) 1 SC 101 at 102, this court held, inter alia : “… the law is that a declaration of title or right cannot legally be based on admission in the pleadings of a defendant.”

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WHERE FACT NOT COUNTERED IN LAW, IT IS DEEMED ADMITTED

In the two separate counter-affidavits filed by the appellant in response to the affidavits in support of the Notices of intention to rely upon Preliminary Objection by the respondents there is no averments which countered the facts deposed to by the respondents in their respective affidavits in support as summarised above. The law is well settled that any fact which has not been categorically countered or denied by a party, that fact is deemed admitted in law by the other party. See: Nzeribe v. Dave Eng, Co. Ltd (1994) 8 NWLR (Pt.361) 124; Omoregbe v. Lawani (1980) 3-4 SC 108. See also section 75 of the Evidence Act, LFN, Cap.112, 1990.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

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ADMISSION OF AN OFFENCE MAY AMOUNT TO SUFFICIENT CORROBORATION

Admission of an offence by an accused person to other persons may amount to sufficient corroboration in law. So in R. v. Francis Kufi (1960) WNLR 1, the accused was charged with indecent assault against a young girl of 10 years. It was held, and rightly in my view, that the admission of the offence by the accused to the father of the girl was sufficient corroboration in law.

— Iguh, JSC. Okon Iko v State (2001) – SC.177/2001

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WHAT IS AN ADMISSION

Now an admission is a statement, oral or written (expressed or implied) which is made by a party to civil proceedings and which statement is adverse to his case. It is admissible as evidence against the maker as the truth of the fact asserted in the statement.

– Kawu, JSC. Ogunnaike v. Ojayemi (1987)

ADMITTED NEED NO FURTHER PROOF

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FACTS ADMITTED NEED NO FURTHER PROOF

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ADMISSION IN EVIDENCE

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DECLARATION OF RIGHT CANNOT BE BASED ON ADMISSION MADE IN STATEMENT OF DEFENCE

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WHERE FACT NOT COUNTERED IN LAW, IT IS DEEMED ADMITTED

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ADMISSION OF AN OFFENCE MAY AMOUNT TO SUFFICIENT CORROBORATION

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WHAT IS AN ADMISSION

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