LEGAL PRINCIPLE: EVIDENCE LAW — Admissibility of Evidence — Previous Proceedings — Conditions for Admissibility Under Section 34(1) of the Evidence Act Are Mandatory and Cannot Be Waived by Consent
PRINCIPLE STATEMENT
The provisions of section 34(1) of the Evidence Act are mandatory and cannot be waived by consent; admitting evidence contrary to statutory provisions amounts to consent to an illegality, which courts must ignore.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Eghobamien v. Federal Mortgage Bank of Nigeria (2002) NLC-1191997(SC) at p. 7; Paras A–B.
"The provisions of section 34(1) of the Evidence Act are mandatory and cannot be waived. If consent is given to admit evidence which is contrary to the provisions of a statute (e.g. s.34(1) of the Evidence Act) the courts must ignore it because it is a case of giving consent to an illegality."
EXPLANATION / SCOPE
Section 34(1) of the Evidence Act sets mandatory conditions for admitting evidence from previous proceedings. These conditions cannot be waived by party consent. Courts cannot admit evidence in violation of statutory provisions, even if parties agree. Consent to illegality is invalid. The court must ignore such evidence. The principle protects the integrity of the judicial process. Statutory rules of evidence are not subject to party agreement. The rule applies to all mandatory evidentiary provisions. The court’s duty to apply the law overrides party consent. The principle prevents parties from circumventing evidentiary safeguards by consent.