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REQUIREMENT FOR ADMISSIBILITY

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Dictum

It is trite, that the basic principle on admissibility in law, is whether the documents are duly pleaded; whether they are relevant to the facts in issue and whether they are admissible in Law? See the cases of AONDO AKAA V OBOT 7 OR 2021 SC; TORTI V UKPABI 1984 1 SC PG 370 and DIKIBO & ORS V IZIME 2019 LPELR – 48992-CA. There is no gainsaying the fact, that the certified true copies admitted by the court met the criteria on admissibility, as relevancy governs admissibility and the said documents were pleaded. See the cases of NAB LTD VS SHUAIBU (1991) 4 NWLR (PT. 186) 450, OKECHUKWU VS INEC (2014) 17 NWLR (PT. 1436) 256 AT 294-295.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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UNREGISTERED INSTRUMENT ADMISSIBLE TO PROVE RECEIPT OF MONEY

The law is well settled that an unregistered document which falls within the provisions of section 2 of the Land Registration Law of Kaduna State or under the corresponding provisions of the Land Instrument Registration Act can be admitted in evidence as a receipt of money transaction and memorandum of sale only. It cannot certainly...

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A DOCUMENT MARKED REJECTED STAYS REJECTED FOR THE PURPOSE OF THE TRIAL

The well laid down procedure for omitting documents in evidence is for the trial judge to hear arguments for and against the admissibility of the document, then render a Ruling. If the ruling is favourable to the document being admitted in evidence the document is admitted in evidence and marked as an exhibit. If on...

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TWO CATEGORIES OF INADMISSIBLE EVIDENCE

It must be borne in mind that there are two categories of inadmissible evidence. Evidence that is absolutely inadmissible in law which is not within the competence of the parties to admit by consent or otherwise. It is a document which is by law inadmissible, see for example James v Mid Motors (1978) 11-12 SC...

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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...

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ADMISSIBILITY OF A DOCUMENT IS ONE THING; WEIGHT IS ANOTHER THING

The fact that a document has been admitted in evidence, with or without objection, does not necessarily mean that the document has established or made out the evidence contained therein, and must be accepted by the trial Judge. It is not automatic. Admissibility of a document is one thing and the weight the court will...

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UNSIGNED DOCUMENTS NOT ADMISSIBLE

The Supreme Court in Omega Bank (Nig) Plc v. O.B.C. Ltd. [2005] 8 NWLR (Part 928) 547 at 587 Paragraphs C – D per Tobi, JSC (as he then was) the Apex Court held inter alia that: “… It is my view that where a document is not signed, it may not be admitted in...

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