Judiciary-Poetry-Logo
JPoetry

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

Reach more audience. Place advert here.

Dictum

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 attach to it is another. The weight the Court will attach to the document will depend on the circumstances of the case as contained or portrayed in the evidence.

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

Was this dictum helpful?

SHARE ON

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

Was this dictum helpful?

RELEVANCY GOVERNS ADMISSION OF EVIDENCE

When it is a question of admission of evidence, strictly, it is not whether the method by which it is obtained is tortious but excusable, but whether what has been obtained is relevant to the issue being tried. See Kuruma v. R. (1955) AC 197.

— Ogwuegbu JSC. Oshunrinde v Akande (1996) – SC.110/1990

Was this dictum helpful?

EXTRA JUDICIAL STATEMENT IS INADMISSIBLE EXCEPT TO CONTRADICT

The extra judicial statement of a witness in a criminal trial is inadmissible as evidence for either side. The admissible evidence is the evidence on oath in open Court by the witness which is subject to cross examination by the adverse party. The only time when an extra judicial statement of a witness is admissible is where a party seeks to use it to contradict the evidence of a witness already given on oath.

– Ogunwumiju JCA. Okeke v. State (2016)

Was this dictum helpful?

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)

Was this dictum helpful?

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?

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)

Was this dictum helpful?

Load More
No more related dictum to show.

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2024

designed by Humongouz Ztudio. 

TO – 322 | UO – 0 | GO – 252 | BO – 70

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.