LEGAL PRINCIPLE: EVIDENCE LAW — Admissibility of Evidence — Categories of Inadmissible Evidence — Absolute vs. Conditional Inadmissibility
PRINCIPLE STATEMENT
There are two categories of inadmissible evidence. Evidence absolutely inadmissible in law is not within the competence of parties to admit by consent. The second class is evidence admissible upon fulfilling certain conditions, which parties may by consent admit notwithstanding the conditions not being fulfilled.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Shittu & Ors v. Fashawe (2005) NLC-212001(SC) at p. 12; Paras D–E.
"But in this connection, 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… 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…"
EXPLANATION / SCOPE
No explanation provided.
