Admission of an offence by an accused person to other persons may amount to sufficient corroboration in law. So in R. v. Francis Kufi (1960) WNLR 1, the accused was charged with indecent assault against a young girl of 10 years. It was held, and rightly in my view, that the admission of the offence by the accused to the father of the girl was sufficient corroboration in law.
— Iguh, JSC. Okon Iko v State (2001) – SC.177/2001
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From TORHANBA V. POLICE (1956) NRNLR at 94 through to SHOYMBO V. STATE (1974) 10 SC 91, OYEDIRAN V. REPUBLIC (1967) NMLR 122, OKOBI V. STATE (supra) and thence to JOHN NWACHUKWU V. STATE (1986) LPELR – 2085 (SC), the Court persisted on the import of the procedure it propounded under Section 179 of the Criminal Procedure Code Act. In all these cases the Court insists that “the lesser offence” Section 179 allows a Court to convict an accused rather than the greater offence he was formally charged for is a combination of some of the several particulars of the offence charged. The ‘operative’ word is “lesser” and not “another” offence. To justify the conviction of the accused for the lesser offence he must be seen to have had notice for the lesser offence by virtue of the notice of the greater offence he was given by the formal charge. The evidence on which the accused is convicted though short of proving the greater offence, it is such that it establishes the lesser offence. See OLUMIDE SEGUN V. THE STATE (2018) LPELR – 44693 (SC) and SALIU V. STATE (2018) LPELR – 44060 (SC).
— M.D. Muhammad, JSC. Onukwube v. State (2020) – SC.1214C/2018
Thus, where such evidence is by error or otherwise admitted, then it is the duly of the trial court to expunge it in giving its judgment. If it fails to do so, the appeal court will reject such evidence and consider the case in the light of the legally admitted evidence See Owoniyi v. Omotoso (1961) 2 SCNLR 57, (1961) All NLR 304; Alase v. Ilu (1964) 1 All NLR 390. In any event, it is trite that wrongful admission of inadmissible evidence is not of itself a ground for the reversal of any decision. Similarly, the wrongful exclusion of admissible evidence is not of itself a ground for the reversal of any decision. All these are however dependent on the view held by the appeal court on whether the evidence wrongly admitted or wrongly excluded would have the effect of changing the decision even if admitted or excluded.
— I.T. Muhammad JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)
Now an admission is a statement, oral or written (expressed or implied) which is made by a party to civil proceedings and which statement is adverse to his case. It is admissible as evidence against the maker as the truth of the fact asserted in the statement.
– Kawu, JSC. Ogunnaike v. Ojayemi (1987)
In law it is true, and as was ably submitted by the learned counsel for the Appellant, that for an admission to have probative value it must clearly, precisely and unequivocally express the admitting mind of the person. Thus, an alleged admission lacking in exactness and firmness of purpose would not qualify as an admission. An admission must therefore, be direct and positive to be given the requisite probative weight in the ascription of probative value by the Court.
– PER B. A. GEORGEWILL, J.C.A. ZENITH BANK PLC v. WAILI (2022) – CA/A/964/2020
In Dagayya v. The State (2006) 7 NWLR (Pt 980) 637 held thus: “Corroboration entails the act of supporting or strengthening a statement of a witness by fresh evidence of another witness. Corroboration does not mean that the witness corroborating must use the exact or very like words, unless the matter involves some arithmetic”. PER TOBI J.S.C.
It is trite that a crucial fact which is admitted does not require further proof as no person would admit a fact which could work against his interest unless it is true.
— J.I. Okoro, JSC. Universal Properties v. Pinnacle Comm. Bank, NJA, Opia, Heritage, Fatogun (SC.332/2008, Friday, April 08, 2022)
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