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COURT CAN SUO MOTO EXPUNGE EARLIER ADMITTED EVIDENCE IF ERROR IN ADMISSION IS DISCOVERED LATER

Dictum

On the sub issue as to whether the court has the power to expunge from its record evidence or documents earlier admitted without objection by counsel, it is settled law that the courts can do that and has been doing that over the years; see NIPC Ltd. v. Thompson Organization Ltd. (1966) 1 NMLR 99 at 104 where LEWIS, JSC stated the law as follows:- “It is of course the duty of counsel to object to admissible evidence and the duty of trial court any way to refuse to admit inadmissible evidence, but if notwithstanding this evidence is still through oversight or otherwise admitted then it is the duty of the court to when it comes to give judgment to treat the inadmissible evidence as if it had never been admitted”.

— Onnoghen, JSC. Kubor v. Dickson (2012) – SC.369/2012

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NO NEED TO ESTABLISH TRUTH OF FACT ALREADY ADMITTED

There is no need to establish the truth of a fact already admitted. See Ajikawo v. Ansaido (Nig) Ltd (1991) 2 NWLR (Pt. 173) 359.

— N.S. Ngwuta, JSC. Henry Nwokearu V. The State (SC.227/2011, 24 MAY 2013)

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ADMITTED NEED NO FURTHER PROOF

As in law what is admitted need no further proof Kamalu v. Umunna (1997) 5 NWLR (Pt.505) 321 at 326.

— O.O. Adekeye, JCA. Omotunde v. Omotunde (2000) – CA/I/M.57/2000

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ADMISSION IS NOT IPSO FACTO TRUTH OF THE CASE

I may repeat that an admission does not necessarily mean proof of what is contained therein. An admission relied upon by any party is not ipso facto accepted to be the truth by the court once it is not in accordance with the truth of the case. It is the duty of the court to decide the case in accordance with the facts pleaded and proved to be true.

— Olatawura JSC. African Continental Bank Ltd. v. Alhaji Umaru Gwagwada (SC.26/1990, 29 APR 1994)

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ADMISSION OF AN OFFENCE MAY AMOUNT TO SUFFICIENT CORROBORATION

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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ADMISSION OF AVERMENTS

The law is that a plaintiff’s averment of facts must be met by the defendant frontally and categorically. Once a traverse is not met directly, the defendant is taken to have admitted it. See Owosho v. Adebowale v. Dada (1984) 7 SC pg.149. Such traverse to be valid must be related to the proceeding and subsequent paragraphs of the statement of defence.

– Ogunwumiju JCA. NBC v. Olarewaju (2006) – CA/IL/43/2004

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