EVIDENCE LAW — Documentary Evidence — Admissibility — Three Criteria for Admissibility of Documents
Principle Statement
It is settled law that the issue of admissibility of any documentary evidence is governed by the principle as to whether or not the document is pleaded by the party(ies) to the proceedings; whether it is relevant to the subject matter of inquiry by the court or tribunal and whether it is admissible in law.
Ratio Decidendi (Source)
Per Onnoghen, JSC, in Okoye v. Obiaso (2010) NLC-123-232-2003(SC) at p. 14; Paras A–B.
"It is settled law that the issue of admissibility of any documentary evidence is governed by the principle as to whether or not the document is pleaded by the party(ies) to the proceedings; whether it is relevant to the subject matter of inquiry by the court or tribunal and whether it is admissible in law."
Explanation / Scope
This principle establishes the three criteria for admissibility of documents: the document must be pleaded, relevant to the subject matter, and admissible in law. The principle applies where documentary evidence is tendered. It ensures that documents are properly grounded. The principle reflects the requirements for documentary admissibility. It prevents admission of unpleaded or irrelevant documents. The court must ensure all criteria are met. The principle provides guidance on the admissibility of documents.
