EVIDENCE LAW — Admissibility — Evidence in Previous Proceedings — Section 34(1) Evidence Act Conditions
Ratio Decidendi
Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at p. 11; Paras B—D:
"That apart, it should be noted that exhibit 1 as pleaded is evidence in a previous proceedings which can only be admissible in a subsequent proceeding under the provisions of section 34(1) of the Evidence Act 1990 supra, which conditions have not been satisfied in the instant case. If the intention was to contradict the appellants with regards to their traditional history, then they ought to have been confronted with the facts under cross examination before exhibit 1 could be admissible."
Explanation / Scope
This principle establishes that evidence in previous proceedings is admissible only under Section 34(1) of the Evidence Act, and where the intention is to contradict a witness, the witness must be confronted with the facts under cross-examination. The principle applies where previous proceedings are tendered. It ensures that the conditions for admissibility are met. The principle reflects the requirements for previous proceedings. It prevents improper admission. The court must require compliance. The principle provides guidance on evidence in previous proceedings.