PRINCIPLE STATEMENT

Neither a trial court nor the parties have the power to admit without objection, a document that is in no way or circumstances admissible in law.

RATIO DECIDENDI (SOURCE)

Per Iguh, JSC, in Oseni v. Dawodu (1994) NLC-1581990(SC) at P. 8; Paras C–D.
"It must firstly be observed that neither a trial court nor the parties have the power to admit without objection, a document that is in no way or circumstances admissible in law."
View Judgment

EXPLANATION / SCOPE

Inadmissibility rules are mandatory, not waivable. Documents absolutely inadmissible under law (forged, privileged, excluded by statute) cannot become admissible through: lack of objection, parties’ agreement, or court’s decision. This strict rule applies to documents that are inherently inadmissible—those fundamentally incompetent as evidence. Examples: unlawfully obtained evidence explicitly excluded by statute, documents violating absolute privilege, or evidence excluded by mandatory exclusionary rules. The principle serves: maintaining evidentiary rule integrity, preventing parties from admitting legally incompetent evidence by agreement, and ensuring courts don’t rely on fundamentally inadmissible material. However, this applies only to absolutely inadmissible documents. Documents admissible but requiring objection (hearsay admissible through exceptions, documents requiring proof of execution) may be admitted without objection. Courts must distinguish: absolutely inadmissible documents (never admissible) versus documents admissible with proper foundation or requiring objection (admissible if procedural requirements met). The former cannot be admitted regardless of objection; the latter may be admitted without objection.

CASES APPLYING THIS PRINCIPLE