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A DOCUMENT WHICH IS CONSISTENT WITH THE PLEADINGS IS ADMISSIBLE

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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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RETRACTION OF CONFESSIONAL STATEMENT DOES NOT RENDER IT INADMISSIBLE

It is trite that the mere retraction of a confessional statement by the Defendant will not render it inadmissible. It will only affect the weight to be attached to it where the Defendant denies making it at the earliest opportunity.

– Ogunwumiju JSC. Junaidu v. State (2021)

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DEMEANOR PLAYS LITTLE ROLE WHERE DOCUMENTARY EVIDENCE HAS BEEN ADMITTED

The Supreme Court in Ohijinle vs. Adeagbo (1988) 2 NWLR (Pt. 75) 238 held that where documentary evidence have been admitted in evidence, demeanour plays an insignificant if any role. The documents tendered in the case should be used as a hanger with which to assess oral testimony.

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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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THE TEST FOR ADMISSIBILITY IS RELEVANCE – WEIGHT COMES AFTER ADMISSION OF THE DOCUMENT

The test for admissibility therefore is relevance, the source by which the document has been obtained is immaterial. A document is admissible in evidence if it is relevant to the facts in issue and admissible in law. It has to be noted also that admissibility of a document is one thing, and the weight that court will attach to it is another. Relevancy and weight are in quite distinct apartments in the law of evidence. Relevancy which propels admissibility is invoked by the trial court immediately a document is tendered to determine the relevancy or otherwise of the document tendered. If the document is relevant the court admits it. Weight on the other hand, comes after admission of a document at the stage of writing the judgment. The two therefore ought not to be confused. See Dunniya v. Jomoh (1994) 3 NWLR (Pt. 334) 609 @ 617. Sadan v. State (1968) 1 All NLR 124. Dalek (Nig) Ltd v. OMPADEC (2007) 7 NWLR (Pt. 1033) 402. Abubakar v. Chuks (2001 18 NWLR (Pt. 1066) 386. Torti v. Uknabi (1984) 1 SC 370. Avong v. KRPC Ltd (2002) 14 NWLR (Pt. 788) 508. ACB Ltd v. Gwaswada (1994) 5 NWLR (Pt. 342) 25.

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

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ORAL EVIDENCE NOT ADMISSIBLE WHERE DOCUMENT EXIST

Where there is documentary evidence on an aspect of a party’s case, no oral evidence is admissible on that aspect. This is because our adjectival law does not admit oral evidence on an aspect or area covered by a document. A party cannot benefit from two ways: documentary evidence and oral evidence. He can only lead evidence in respect of one and not the two of them. But this principle of law is subject to an important qualification and it is this. If the parties by their ad idem agree by oral agreement to change part of the written agreement, the court will not reject the oral agreement.

– Niki Tobi, JSC. Brossette v. Ilemobola (2007)

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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 once the requisite conditions are fulfilled. See IKENYE VS OFUNE (1985) 2 NWLR (PT 5) 1. For the purpose of clarity, I herein below reproduce the provisions of Section 34 (1) of the Evidence Act:- 34(1) “Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence or is kept out of the way by the adverse Party, or when his presence cannot be obtained without an amount of delay or expense which, in the circumstances of the case, the court considers unreasonable: Provided:- (a) that the proceeding was between the same parties or their representatives in interest; (b) that the adverse party in the first proceeding had the right and opportunity to cross examine; and (c) that the questions in issue were substantially the same in the first as in the second proceeding.” I do not need to say much again. The above provision is very clear and succinct to the effect that it relates to the admissibility of evidence given in a previous judicial proceeding in a subsequent judicial proceeding or in a later stage of the same proceeding.

— S.C. Oseji, JCA. ACB v Ajugwo (2011) – CA/E/66/2006

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