Ratio Decidendi

Per Onnoghen, JSC, in Onwubuariri & Ors v. Igboasoyi & Ors (2011) NLC-123-212-2003(SC) at p. 11; Paras D—E:

"It is very clear that the lower court was not only in error in admitting exhibit 1 as additional evidence on appeal but also in relying on it in coming to its decision in the appeal. It is settled law that a court cannot rely on inadmissible evidence to determine a matter before it."

Explanation / Scope

This principle establishes that a court cannot rely on inadmissible evidence to determine a matter. The principle applies in all proceedings. It ensures that only admissible evidence is considered. The principle reflects the rule against inadmissible evidence. It prevents decisions based on improper evidence. The court must exclude inadmissible evidence. The principle provides guidance on inadmissible evidence.

Cases Applying This Principle