LEGAL PRINCIPLE: EVIDENCE LAW – Appellate Review – Wrongful Admission of Evidence – Doctrine of Severance – Where Remaining Evidence Supports Decision
PRINCIPLE STATEMENT
When some evidence has been wrongfully admitted or used in a proceeding, an appellate court is entitled to expunge it and will go further to ascertain whether the remaining evidence on record can support the decision of the lower court. If they can, the judgment of the lower court will not be interfered with.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ojengbede v. Esan & Anor (2001) NLC-321991(SC) at p. 22; Paras A–C.
"When some evidence has been wrongfully admitted or used in a proceeding, an appellate court is entitled to expunge it and will go further to ascertain whether the remaining evidence on record can support the decision of the lower court. If they can, the judgment of the lower court will not be interfered with."
EXPLANATION / SCOPE
When evidence is wrongfully admitted, the appellate court may expunge it and then determine whether the remaining evidence supports the lower court’s decision. If the remaining evidence is sufficient, the judgment will not be disturbed. The principle applies the doctrine of severance—removing inadmissible evidence while leaving the admissible evidence intact. The court will not reverse for wrongful admission if the decision would have been the same without it. The appellant must demonstrate prejudice from the admission. The burden is on the appellant to show that the wrongful admission affected the outcome. The principle promotes judicial efficiency and prevents technical reversals. The court conducts a harmless error analysis.
