LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Evidence – Wrongful Rejection of Evidence – Interlocutory Ruling v. Final Appeal
PRINCIPLE STATEMENT
A decision made by the trial court on wrongful admission of evidence or wrongful rejection of evidence is part of the main trial and not an interlocutory decision unless a special case has been made in respect of the issue. Thus a party wishing to appeal against the judgment of the trial court can file one of the grounds of appeal alleging that inadmissible evidence had been admitted during trial or admissible evidence had been rejected. Both are fundamental as the error might occasion a miscarriage of justice.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Okobia v. Ajanya (1998) 6 NWLR (Pt. 554) 348 at p. 360; Paras E–F, cited with approval in Onwe & Ors v. Nwaogbuinya & Ors (2001) NLC-201991(SC) at pp. 12–13; Paras D–A.
"A decision made by the trial court on wrongful admission of evidence or wrongful rejection of evidence is part of the main trial and not an interlocutory decision unless a special case has been made in respect of the issue. Thus a party wishing to appeal against the judgment of the trial court can file one of the grounds of appeal alleging that inadmissible evidence had been admitted during trial or admissible evidence had been rejected. Both are fundamental as the error might occasion a miscarriage of justice."
EXPLANATION / SCOPE
A ruling on admissibility of evidence is part of the main trial, not an interlocutory decision requiring separate leave to appeal. The appellant may challenge such rulings in an appeal against the final judgment. Wrongful admission or rejection of evidence is fundamental and may occasion miscarriage of justice. The principle consolidates all evidentiary complaints in the final appeal, promoting judicial efficiency. The exception is where a special case is made on the issue. The appellant does not need to appeal the evidentiary ruling separately. The ground of appeal can directly challenge the final judgment based on the erroneous evidentiary ruling. This applies to both admission and rejection of evidence.
