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

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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)

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INHERENTLY INADMISSIBLE EVIDENCE CAN BE EXPUNGED AT ANYTIME

Incontestably, if a party fails to register an objection to the admissibility of a document in the bowel of a trial Court, he is estopped from opposing its admission on appeal. This hallowed principle of procedural law is elastic. It admits of an exception. Where a document is inherently inadmissible, as in the instant case, the rule becomes lame. The law grants a trial Court the unbridled licence to expunge admitted inadmissible evidence at the judgment stage. An appellate Court enjoys the same right so far as the document is inherently inadmissible. The wisdom behind these is plain. A Court of law is drained of the jurisdiction to act on an inadmissible evidence in reaching a decision, see Alade v. Olukade (1976) 2 SC 183; IBWA v. Imano Ltd. (2001) 3 SCNJ 160; Durosaro v Ayorinde (2005) 8 NWLR (pt. 927) 407; Namsoh v. State (1993) 5 NWLR (Pt. 292) 129; Abubakar v. Joseph (2008) 13 NWLR (Pt. 1104) 307; Abubakar v Chuks (2007) 18 NWLR (pt. 1066) 389; Phillips v. E.D.C. & Ind. Co. Ltd. (2013) 1 NWLR (pt. 1336) 618; Nwaogu v. Atuma (2013) 11 NWLR (Pt. 1364) 117.

— O.F. Ogbuinya, JCA. Impact Solutions v. International Breweries (2018) – CA/AK/122/2016

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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)

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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

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INHERENTLY INADMISSIBLE DOCUMENT CAN BE JETTISONED AT JUDGEMENT WRITING STAGE

Nonetheless, it is the law, that an already admitted document can be jettisoned by a court at a judgment stage or by an appellate court if it is inherently inadmissible even if it was admitted without objection, see Abubakar v. Joseph (supra); Abubakar v. Chuks(2007) 18 NWLR (Pt. 1066) 386; Nwaogu v. Atuma (2013) 11NWLR (Pt. 1364) 117. Again, it is the law that a document not tendered by the marker commands no probative value because, he cannot be subjected to cross-examination on it, Belgore v. Ahmed(2013) 8 nwlr (pt. 1355) 60.

— Ogbuinya JCA. Benjamin Agi V. Access Bank Plc (formerly known and called Intercontinental Bank Plc (CA/MK/86/2012, 28 Nov 2013)

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A DOCUMENT WHICH IS CONSISTENT WITH THE PLEADINGS IS ADMISSIBLE

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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