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IT IS THE EVIDENCE ACT THAT DETERMINES ADMISSIBILITY

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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)

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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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PUBLIC DOCUMENT CERTIFIED IS ADMISSIBLE THROUGH A PARTY WHO IS NOT TO THE CASE

By virtue of the provisions of Section 102(b) of the Evidence Act, 2011, public documents include public records kept in Nigeria of private documents. See: ONWUZURUIKE v EDOZIEM & ORS (2016) LPELR 26056(SC) at pages 10 – 11, paras. F-B, where the Supreme Court, per Onnoghen, JSC held that a private document sent to the Police formed part of the record of the Police and is consequently a public document within the provisions of Section 109 of the old Evidence Act, now Section 102 of the extant Evidence Act, 2011. It is also trite that a public document duly so certified, is admissible in evidence notwithstanding that it is not tendered by the maker. Indeed, a certified true copy of a public document can be tendered by person who is not a party to the case. See: MARANRO v ADEBISI (2007) LPELR-4663(CA); DAGGASH v BULAMA (2004) 14 NWLR (Pt. 892) 144 at 187; and MUSTAPHA SHETTIMA & ORS v ALHAJI BUKAR CUSTOMS (2021) LPELR-56150(CA). Exhibits RA1 and RA2, being in the public record of the 1st Respondent are public documents and are therefore admissible in evidence, having been certified by the 1st Respondent under Section 104 of the Evidence Act, 2011.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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RELEVANCY, ADMISSIBILITY, AND WEIGHT ARE IN SEPARATE DEPARTMENT IN THE LAW OF EVIDENCE

In the Law of Evidence, Relevancy, Admissibility of evidence, and weight to be attached to evidence, all these are each in a separate department. What value or weight to be attached to a piece of evidence, once it is admitted as evidence, is for the Jury, the judges of facts. And here in Nigeria, the trial judges sit in a dual capacity, qua Judges of law in matters of law and qua jury in matters of fact In my view, with due respect to the counsel, his criticism of the Tribunal is unwarrantable and so unjustified. It was for the Tribunal to accept or not to accept the evidence by the p.w.5. It was for it as well to ascribe weight or no weight to the exhibits. To be in the best position to reach a conclusion on the testimony of the p.w. 5 and the value to attach to the exhibits it adopted, in my view, the proper and right approach to reach its conclusion.

— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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IN DETERMINING ADMISSIBILITY, IT IS RELEVANCY THAT MATTERS NOT CUSTODY

Admissibility is a rule of evidence and it is based on relevancy. See Sadau v. The State (1968) 1 All NLR 124: Ogonzee v. State (1997) 8 NWLR (Pt. 518) 566. In determining the admissibility of evidence, the court will not consider how it was obtained; rather the court will take into consideration whether what is admitted is relevant to the issues being tried. See Igbinovia v. The State (1981) 2 SC 5. In Elias v. Disu (1962) 1 SCNLR 361, (1962) 1 All NLR 214, this court held that in determining admissibility of evidence, “it is the relevancy of the evidence that is important and not how the evidence was obtained.”

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

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ADMISSIBILITY VERSUS FROM PROBATIVE VALUE

There is a clear dichotomy between admissibility of document and placing probative value on it. While admissibility is based on relevance, probative value depends not only on relevance but on proof. An evidence has probative value if it tends to prove an issue.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

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RELEVANCY AND ADMISSIBILITY DISTINCTION

Relevancy and weight are in quite distinct compartments in our law of evidence. They convey two separate meanings in our adjectival law and not in any form of dovetail. In the order of human action or activity, in the area of the law of evidence, relevancy comes before weight. Relevancy, which propels admissibility, is invoked by the trial Judge immediately the document is tendered. At that stage, the Judge applies sections 6, 7, 8 and other relevant provisions of the Evidence Act to determine the relevance or otherwise of the document tendered. If the document is relevant, the Judge admits it, if all other aspects of our adjectival law are in favour of such admission. If the document is irrelevant, it is rejected with little or no ado. Weight comes in after the document has been admitted. This is at the stage of writing the judgment or ruling as the case may be. At that stage the Judge is involved in the evaluation or the evidence vis-a-vis the document admitted. While logic is the determinant of admissibility and relevancy, weight is a matter of law with some taint of facts.

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

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