LEGAL PRINCIPLE: EVIDENCE LAW — Admissions — Counsel’s Authority to Bind Client — Statement Made in Open Court
PRINCIPLE STATEMENT
A statement made by counsel in open court comes within the definition of admission under Section 19 of the Evidence Act. Counsel can make an admission on behalf of his client.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Cappa and D'Alberto Ltd v. Akintilo (2003) NLC-301999(SC) at p. 10; Paras A–B.
"The statement made by Miss Okoroma clearly comes within the definition of admission in Section 19 of the Evidence Act, 1990 as the statement suggests an inference as to a fact in issue or relevant fact. And the fact in issue or relevant fact is the claim for the damage of the car. Can counsel make an admission on behalf of his client? The answer is 'yes'."
EXPLANATION / SCOPE
Counsel has authority to make admissions on behalf of a client. The principle applies to evidence law. Admissions made in open court are binding. The rule ensures efficient conduct of proceedings. The client is bound by counsel’s admissions. The principle is well-established.