LEGAL PRINCIPLE: EVIDENCE LAW – Confessional Statement – Wrongful Admission – Effect under Section 227(1) of Evidence Act
PRINCIPLE STATEMENT
The wrongful admission of evidence shall not of itself be a ground for the reversal of any decision in any case, where it shall appear to the court on appeal that the evidence so admitted cannot reasonably be held to have affected the decision and that such decision would have been the same if such evidence had not been admitted.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, quoting Section 227(1) of the Evidence Act, in Olalekan v. State (2001) NLC-2041999(SC) at p. 13; Para A.
"The wrongful admission of evidence shall not of itself be a ground for the reversal of any decision in any case, where it shall appear to the court on appeal that the evidence so admitted cannot reasonably be held to have affected the decision and that such decision would have been the same if such evidence had not been admitted."
EXPLANATION / SCOPE
Section 227(1) of the Evidence Act provides that wrongful admission of evidence is not automatic grounds for reversal. The appellate court must assess whether the evidence reasonably affected the decision. If the decision would have been the same without the wrongly admitted evidence, reversal is not required. This prevents successful appeals based on technical evidentiary errors that did not cause miscarriage of justice. The appellant must demonstrate prejudice—that the evidence influenced the outcome. The court evaluates the remaining evidence to determine if it independently supports the conviction or judgment. Harmless error doctrine applies.