STOP SEEING INTRUSIVE ADS, & HAVE PREMIUM FEATURES? Stop seeing intrusive ads and have a smoother reading experience, once you sign up on Judicial Poetry. Sign up now!

ADMISSIBILITY IS BASED ON RELEVANCE; HOW OBTAINED IS IMMATERIAL

Reach more audience. Place advert here.

Kuruma, Son of Kaniu v. The Queen (1955) A.C. 197 at p.203, observed. “In their Lordships’ opinion the test to be applied in considering whether evidence is admissible is whether it is relevant to the matter in issue. If it is, it is admissible and the court is not concerned with how the evidence is obtained. While this proposition may not have been stated in so many words in any English case, there are decisions which support it, and in their Lordships’ opinion it is plainly right in principle. There can be no difference in principle for this purpose between a civil and a criminal case. No doubt in a criminal case a judge always has a discretion to disallow evidence if the strict rule of admissibility would operate unfairly against an accused.”

Was this dictum helpful?

SHARE ON

admissibility

APPEAL ON WRONGFUL ADMISSION OF EVIDENCE

If the error of law is the wrongful admission of evidence, the appellant must show that, without the admission of the evidence, the decision would have been otherwise. – Adio, JSC. UBN v. Ozigi (1994) Was this dictum helpful? Yes 0 No 0...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

COMPLAINT ON WRONGFUL ADMISSION IS A GROUND OF LAW

It is settled law that a complaint about wrongful admission of evidence is a ground of law alone, a ground of appeal complaining that there was no evidence or no admissible evidence upon which a decision was based, is a ground of law. And an issue on legal interpretation of documents will be a ground...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

REPORTS BY INTERESTED PERSONS ARE INADMISSIBLE

It is therefore evident from the above that PW4, PW7 and PW8 are persons interested in the outcome of this proceedings. The reports produced by PW4 and PW8 qualify as statements made by persons interested in anticipation or during the pendency of this Petition. As for PW7 she is admittedly an interested party having been...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

WRONGFUL ADMITTAL OF EVIDENCE MUST LEAD TO MISCARRIAGE OF JUSTICE

The law is equally well settled that where inadmissible evidence is admitted, it behooves the trial Court to expunge such evidence from the record and consider if there is any viable evidence upon which the charge could be sustained. In essence, the wrongful admission of an evidence ought not to totally affect the decision of...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

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...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

ADMISSIBILITY OF EVIDENCE GIVEN IN PREVIOUS JUDICIAL PROCEEDING

The intent and purpose of Section 34 of the Evidence Act is clear. Simply put, it pertains to the admissibility in the present proceeding, of evidence given by a witness in a previous proceeding. Such previous evidence though hearsay, is admissible in the present proceeding under Section 34, which provide an exception to hearsay rule...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

No more related dictum to show.