LEGAL PRINCIPLE: EVIDENCE LAW — Cross-Examination — Admissibility of Evidence Procured on Cross-Examination
PRINCIPLE STATEMENT
Evidence procured from cross-examination is as valid and authentic as evidence from examination-in-chief. Both have the potency of relevancy, and relevancy is the heart of admissibility. Relevant evidence is admissible whether procured from examination-in-chief or cross-examination.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Gaji & Ors v. Paye (2003) NLC-4099(SC) at p. 19; Paras A–C.
"Evidence procured from cross examination is as valid and authentic as evidence procured from examination-in-chief. Both have the potency of relevancy and relevancy is the heart of admission in the law of Evidence. Where evidence is relevant, it is admissible and admitted whether it is procured from examination-in-chief or cross-examination."
EXPLANATION / SCOPE
Cross-examination evidence is admissible like examination-in-chief. The principle applies to evidence law. Relevancy determines admissibility. The rule recognises the value of cross-examination. The court will consider all relevant evidence. The principle is well-established.
