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DOCUMENTS INADMISSIBLE WHERE MAKER IS INTERESTED PARTY AND MADE DURING LIS PENDENS

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Dictum

By Section 83(3) of the Evidence Act 2011, documents are inadmissible in Court where the maker is an interested person and had made the documents when the proceedings are pending or anticipated.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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INHERENTLY INADMISSIBLE DOCUMENT CAN BE JETTISONED AT JUDGEMENT WRITING STAGE

Nonetheless, it is the law, that an already admitted document can be jettisoned by a court at a judgment stage or by an appellate court if it is inherently inadmissible even if it was admitted without objection, see Abubakar v. Joseph (supra); Abubakar v. Chuks(2007) 18 NWLR (Pt. 1066) 386; Nwaogu v. Atuma (2013) 11NWLR (Pt. 1364) 117. Again, it is the law that a document not tendered by the marker commands no probative value because, he cannot be subjected to cross-examination on it, Belgore v. Ahmed(2013) 8 nwlr (pt. 1355) 60.

— Ogbuinya JCA. Benjamin Agi V. Access Bank Plc (formerly known and called Intercontinental Bank Plc (CA/MK/86/2012, 28 Nov 2013)

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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 the ground of irrelevancy in so far as they confirm the facts pleaded. See Oyetunji v. Akaniji (1986) 5 NWLR (Pt. 42) 461. In other words, a document which is consistent with the pleadings is admissible, if the document is admissible in law. —

N. Tobi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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WHEN IS A DOCUMENT DEEMED TO BE PROPERLY FILED BEFORE THE COURT

I am aware and this is also settled that a document or process of court, is deemed duly filed, when a paper or the document or process is brought to the Registry, and is assessed and paid for, that such a document, etc, can be said to be filed in law, except where there is a dispensation under the Rules of court that the document etc, can be filed without payment. Of course, this will be a question of fact if fees are paid in respect of a document brought to the court. See the case of Dike v. Okorie (1990) 5 NWLR (Pt.161) 418 @ 428-429 C.A. citing the case of Government or Imo State v. Orisakwe FCA/109/82 of 2/7/85. It was also held that a document is deemed to have been properly filed in court, when same is deposited in a court’s office with the proper court officer assigned with the responsibility. See the case of Mohammed v. Musawa (1985) 3 NWLR (Pt. 11) 89.

— F. Ogbuagu, JSC. Akpaji v. Udemba (2009) – SC.247/2002

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CLIENT’S CASE MAY DEPEND ON THE QUALITY OF THE BRIEF

Counsel will do well to remember that the fate of his client’s case may well depend on the persuasive quality of his brief. The Brief is defined in Order 6, Rule 5 of the 1985 Rules as “a succinct statement of his argument in the appeal.” A mere statement of the argument is contrary to the intendment of the rule and therefore not enough.

– Nnaemeka-Agu, JSC. Adejumo v. Ayantegbe (1989)

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READING TWO DOCUMENTS TO GET SUFFICIENT MEMORANDUM

Long v. Millar (1879) 4 CPD 450, said Russel, J., in Stokes v. Whicher (1920) 1 Ch 411, 418, comes to this; that, if you can spell out of the document a reference in it to some other transaction, you are at liberty to give evidence as to what that other transaction is, and, if that other transaction contains all the terms in writing, then you get a sufficient memorandum within the statute by reading the two together.’

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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 @ 273 where Achike JSC stated thus: “The position of the law in relation to the question of admissibility of a document in evidence is that admissibility is one thing while the probative value that may be placed thereon is another. Generally, three main criteria 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?”

— A. Jauro, JCA. Chevron v. Aderibigbe (2011) – CA/L/76/04

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