LEGAL PRINCIPLE: EVIDENCE LAW — Admissibility of Evidence — Wrongful Admission of Evidence — Effect on Judgment
PRINCIPLE STATEMENT
Even where inadmissible evidence is admitted, the trial Judge or appellate court should reject the evidence and, after expunging it, consider if there is any remaining legal evidence to sustain the claims. Wrongful admission does not necessarily fatally affect the decision unless it causes a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in Shittu & Ors v. Fashawe (2005) NLC-212001(SC) at pp. 13–14; Paras E–A.
"It is also the law… that even where inadmissible evidence is admitted, the trial Judge or an appellate court should reject the evidence and after expunging such evidence shall consider if there is any remaining legal evidence to sustain the claims. The wrongful admission of evidence may not necessarily, fatally affect the decision of a court unless the use of the evidence has brought about miscarriage of justice in the case."
EXPLANATION / SCOPE
Wrongly admitted evidence should be expunged, but the court then examines remaining evidence to sustain the claim. The decision stands if there is sufficient legal evidence without the inadmissible material. The principle applies to evidence law and appellate practice. The rule prevents automatic reversal for evidentiary errors that do not affect the outcome. Miscarriage of justice must be shown for reversal.
