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NO NEED TO ESTABLISH TRUTH OF FACT ALREADY ADMITTED

Dictum

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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WHERE FACT NOT COUNTERED IN LAW, IT IS DEEMED ADMITTED

In the two separate counter-affidavits filed by the appellant in response to the affidavits in support of the Notices of intention to rely upon Preliminary Objection by the respondents there is no averments which countered the facts deposed to by the respondents in their respective affidavits in support as summarised above. The law is well settled that any fact which has not been categorically countered or denied by a party, that fact is deemed admitted in law by the other party. See: Nzeribe v. Dave Eng, Co. Ltd (1994) 8 NWLR (Pt.361) 124; Omoregbe v. Lawani (1980) 3-4 SC 108. See also section 75 of the Evidence Act, LFN, Cap.112, 1990.

— I.T. Muhammad, JSC. EFET v INEC (SC.207/2009, 28 January 2011)

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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 IN EVIDENCE

Thus, where both parties have agreed on a fact in issue, no further proof of such fact was necessary as it ceases to be an issue between them:-See Chief Okparaeke of Ndrakaeme & Ors. V. Egbuonu & Ors. (1941) 7 W.A.C.A. 53. In Chief Nwizuk & Ors. v,. Eneyok & Ors. (1953) 14 W.A.C.A. 354, it was held that admissions under this section are not confined to written nor documentary admissions. They include oral admissions if made clearly in open court during the proceedings. Admissions may also be by implication where there is a failure positively to deny an allegation. In Hill V Hogg (1854) 4 Allen (New Brunswick) R 108 it was held that an admission and a confession to the commission may be given in evidence in proof of an imputation.

— Karibe-Whyte, JSC. Din v. African Newspapers (1990)

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WHERE FACTS ARE ADMITTED OR NOT TRAVERSED, NO NEED FOR EVIDENCE

“11. At law where facts are admitted or not traversed in the pleadings, a party is not obliged to lead any further evidence. The documents on which the plaintiff relied on in this proceeding were all admitted by the defendant who also relied on all those documents as well as her own. In such an instance, it is not necessary for the plaintiff to provide oral evidence to prove these facts as they are admitted by the defendant. Thus, defendant’s contention that plaintiff did not provide evidence to substantiate his claims and should be deemed to have waived them is not acceptable in law and so same is respectfully rejected by the Court.”

— Ayika v Liberia (2012) – ECW/CCJ/JUD/09/12

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

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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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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