LEGAL PRINCIPLE: EVIDENCE LAW — Confessional Statements — Admissibility — Unsworn Evidence at Trial Within Trial a Mere Irregularity
PRINCIPLE STATEMENT
By section 4(3) of the Oaths Act, failure to administer oath on a witness before giving evidence is a mere irregularity which does not affect the decision unless shown to have occasioned a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Solola & Anor v. State (2005) NLC-2682003(SC) at pp. 7–8; Paras D–A.
"By section 4(3) of the Oaths Act, the failure to administer oath on a witness before giving evidence is a mere irregularity which does not affect the decision arrived at on that evidence unless it has been shown to occasion a miscarriage of justice."
EXPLANATION / SCOPE
Unsworn evidence is a mere irregularity, not fatal, unless miscarriage shown. The principle applies to evidence law. Section 4(3) Oaths Act governs.