THE NATIONAL INDUSTRIAL COURT CAN DEPART FROM THE EVIDENCE ACT

“In any event, section 12(2)(b) of the National Industrial Court Act, 2006 and Order 5 Rule 6 (b) of the Rules of this Court 2017 allows this court to depart from the Evidence Act in the interest of justice, fairness, equity and fair-play. See the case of Mr. Victor Adegboyu V. United Bank for Africa (unreported) Appeal No. CA/IL/20/2021, a decision of the Court of Appeal Ilorin Judicial Division delivered on the 14th day of April, 2022, where the Court of Appeal applied section 12(2) of the National Industrial Court Act 2006 and departed from the provisions of the Evidence Act 2011.”

— P.I. Hamman, J. per para. 2.6. FRN v ASUU (2022) – NICN/ABJ/270/2022

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AFFIDAVIT EVIDENCE CONSTITUTES EVIDENCE

It is already a settled law that an affidavit evidence constitutes evidence and must be so construed, hence, any deposition therein which is not challenged or controverted is deemed admitted.

– O. Ariwoola, JSC. Tukur v. Uba (2012) – SC.390/2011

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NATURE OF PROOF OF PLEADINGS

It must be appreciated that there cannot be a better notice of a case a party intends to make than his pleading. It is a mere notice and can never be substituted for the evidence required in proof of the facts pleaded, subject however to an admission made by the other party. Unless through skilful cross-examination discrediting the case of the other party, he is still bound to lead evidence in support of his own pleading. Where evidence is adduced to buttress a pleading, then it is good news for the pleader, as it strengthens his case. However, evidence adduced in support of facts not pleaded goes to no issue and should therefore be disregarded ORIZU V. ONYAEGBUNAM 1978.5 S.C. 21 at 820. In ACB V. GWAGWALADA 1994. 5 NWLR Part 342 page 25 at 27 it was held that before considering admissibility of any evidence or document in support of a party’s case it must be shown that the evidence sought to be led is relevant. Even if the evidence is admissible and it is not relevant, the admission of such evidence does not advance the case of the party.

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

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WHEN TESTIMONY OF WITNESS IS EXAGGERATED

To my mind, when the testimony of a witness has reached or attained the height of insipid or impotent exaggerations it should be disregarded as mere petulance and treated with ignominy.

– Pats-Acholonu, JSC. C & C Constr. v. Okhai (2003) – SC.8/1999

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GENERAL TRAVERSE OF FACTS

Anah v. Nnacho (1965) NMLR 28 at 31 the Supreme Court in considering a general traverse stated thus: “Now it seems clear that the cumulative effect of these two paragraphs is that the appellants joined issue with respondents in respect of all the lands described in the pink area of Exhibit 2. By common practice a general traverse in the form of paragraph 15 of the statement of defence has always been accepted and when employed it puts the opponent to proof of the facts stated or alleged.”

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EVIDENCE ADMISSIBLE UNDER CERTAIN CONDITIONS vs EVIDENCE NOT ADMISSIBLE AT ALL

In Unity Life and Fire Insurance Company Ltd V. International Bank of West Africa (2001) LPELR-3412 (SC) (2001) NWLR (Pt 713) 610 this Court in restating the principle has held at pages 21 22; page 627 of the reports as follows: “A distinction must however, be drawn between where the evidence complained of is one which by law is prima facie admissible albeit under stipulated conditions as against where such evidence is by law inadmissible in any event and in all circumstances. In the latter class of cases, such evidence ought never to be acted upon by any Court of law whether, of first instance or of appeal, and it is immaterial that its admission in evidence was by the default or consent of the party complaining in failing to raise the necessary objection at the appropriate time. In other words, where the evidence complained of is by law inadmissible in any event and all circumstances, the evidence cannot be acted upon by any Court of law even if the party complaining failed to raise any objection or consented to the admission of such evidence in the proceeding. The appellate Court in such circumstance is duty bound to entertain a complaint on the admissibility of such evidence by the trial Court, reject it if it finds it absolutely inadmissible in any event and in all circumstances and decide the case on the legal evidence before the Court…”

EVIDENCE ON MATTER NOT PLEADED

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THE NATIONAL INDUSTRIAL COURT CAN DEPART FROM THE EVIDENCE ACT

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AFFIDAVIT EVIDENCE CONSTITUTES EVIDENCE

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NATURE OF PROOF OF PLEADINGS

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WHEN TESTIMONY OF WITNESS IS EXAGGERATED

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GENERAL TRAVERSE OF FACTS

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EVIDENCE ADMISSIBLE UNDER CERTAIN CONDITIONS vs EVIDENCE NOT ADMISSIBLE AT ALL

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