CONSTITUTIONAL LAW ā Fundamental Rights ā Fair Hearing ā Record of Proceedings ā Impeachment of Record Required Before Alleging Omissions
Principle Statement
Any person contending that the record of proceedings before an appellate court is not a fair record of what happened at the court of first instance must first formally impeach the record of proceedings.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Ogidi & Ors v. State (2005) NLC-2032003(SC) at p. 8; Paras EāA.
"Any person who is contending that the record of proceedings before an appellate court is not a fair record of what happened at the court of first instance must first formally impeach the record of proceedings."
Explanation / Scope
A party alleging an inaccurate record must formally impeach it before the appellate court. Mere assertion of omission is insufficient without proper challenge. The principle applies to constitutional law and appellate practice. The rule protects the integrity of the record. The record is presumed accurate until successfully impeached. Formal impeachment requires evidence or agreement to correct the record.
