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TWO CATEGORIES OF INADMISSIBLE EVIDENCE

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It must be borne in mind that there are two categories of inadmissible evidence. Evidence that is absolutely inadmissible in law which is not within the competence of the parties to admit by consent or otherwise. It is a document which is by law inadmissible, see for example James v Mid Motors (1978) 11-12 SC 31; Minister v Azikiwe (1969) 1 All NLR 49; Kale v Coker (1982) 12 SC 252. The second class of inadmissible evidence is, for example, a document which is admissible in law but upon fulfilling certain conditions, parties may by consent admit it notwithstanding the conditions not being fulfilled e.g. the admission of unstamped instrument required to be stamped, see Etim v Ekpe (1983) 1 SC NLR 120, (1983) NSCC 86; Igbodim v Obianke (1976) 9-10 SC 179.

— Musdapher, JSC. Shittu & Ors. v Fashawe [2005] – SC 21/2001

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RELEVANCY, ADMISSIBILITY, AND WEIGHT ARE IN SEPARATE DEPARTMENT IN THE LAW OF EVIDENCE

In the Law of Evidence, Relevancy, Admissibility of evidence, and weight to be attached to evidence, all these are each in a separate department. What value or weight to be attached to a piece of evidence, once it is admitted as evidence, is for the Jury, the judges of facts. And here in Nigeria, the trial judges sit in a dual capacity, qua Judges of law in matters of law and qua jury in matters of fact In my view, with due respect to the counsel, his criticism of the Tribunal is unwarrantable and so unjustified. It was for the Tribunal to accept or not to accept the evidence by the p.w.5. It was for it as well to ascribe weight or no weight to the exhibits. To be in the best position to reach a conclusion on the testimony of the p.w. 5 and the value to attach to the exhibits it adopted, in my view, the proper and right approach to reach its conclusion.

— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99

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UNREGISTERED INSTRUMENT ADMISSIBLE TO PROVE RECEIPT OF MONEY

The law is well settled that an unregistered document which falls within the provisions of section 2 of the Land Registration Law of Kaduna State or under the corresponding provisions of the Land Instrument Registration Act can be admitted in evidence as a receipt of money transaction and memorandum of sale only. It cannot certainly be used to prove title. It may give rise to an equitable interest enforceable by specific performance.

– Sanusi JCA. Enejo v. Nasir (2006)

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DOCUMENTS INADMISSIBLE WHERE MAKER IS INTERESTED PARTY AND MADE DURING LIS PENDENS

By Section 83(3) of the Evidence Act 2011, documents are inadmissible in Court where the maker is an interested person and had made the documents when the proceedings are pending or anticipated.

– Yahaya, JCA. Petroleum Resources v. SPDC (2021)

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TYPES OF INADMISSIBLE EVIDENCE (BY LAW OR BY FULFILLMENT OF CERTAIN CONDITIONS)

In a trial by a Judge alone, as in the case in hand, a distinction must be drawn between those cases where the evidence complained of is in no circumstances admissible in law and where the evidence complained of is admissible under certain conditions. In the former class of cases the evidence cannot be acted upon even if parties admitted it by consent and the court of appeal will entertain complaint on the admissibility of such evidence by the lower court (although the evidence was admitted in the lower court without objection); in the latter class of case, if the evidence was admitted in the lower court without objection or by consent of parties or was used by the opposite party (e.g. for the purpose of cross-examination) then it would be within the competence of the trial court to act on it and the court of appeal will not entertain any complaint on the admissibility of such evidence.

— Ogundare, JSC. Kossen v Savannah Bank (1995) – SC.209/89

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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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RELEVANCY AND ADMISSIBILITY DISTINCTION

Relevancy and weight are in quite distinct compartments in our law of evidence. They convey two separate meanings in our adjectival law and not in any form of dovetail. In the order of human action or activity, in the area of the law of evidence, relevancy comes before weight. Relevancy, which propels admissibility, is invoked by the trial Judge immediately the document is tendered. At that stage, the Judge applies sections 6, 7, 8 and other relevant provisions of the Evidence Act to determine the relevance or otherwise of the document tendered. If the document is relevant, the Judge admits it, if all other aspects of our adjectival law are in favour of such admission. If the document is irrelevant, it is rejected with little or no ado. Weight comes in after the document has been admitted. This is at the stage of writing the judgment or ruling as the case may be. At that stage the Judge is involved in the evaluation or the evidence vis-a-vis the document admitted. While logic is the determinant of admissibility and relevancy, weight is a matter of law with some taint of facts.

— N. Tobi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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