inadvertently admitted in evidence as in this case, the court should not
attach any probative value to it.
- Anyaoha V. Obiaha (2014) 6 NWLR pt 1404 p 445.
- Omega Bank Nig. Plc V. O.B.C Ltd (2005) 8
NWLR pt 928 p 547.
- Ojo V. Adejobi (1978) 11 NSCC 161.
- AG Abia State V. Agharam (1999) 6 NWLR pt
607 p 362.
It is also trite law that evidence wrongly admitted is not legal evidence
and the court has a duty to expunge it from the record as if it has not
been tendered and admitted. It therefore follows that where a piece of
evidence which is inadmissible in law is wrongly admitted in evidence,
the proper thing for the trial court to do, is to discountenance it
completely when writing its Judgment.
- Hypolite V. Agharevba (1998) 11 NWLR pt 575 p
598.
- Aghi V. Ogbeh (2006) 11 NWLR pt 990 p 65.
- Ogidi V. Egba (1999) 10 NWLR pt 621 p 42.
In consideration of all the foregoing, it is the humble view of this court
that the statement of the 1st Defendant made on the 20/12/2018 at
CID Office Sokoto having been wrongly admitted in evidence as
Exhibits E and E1 for Hausa and English translated versions
respectively, is hereby discountenanced and expunged from the records
of this case and no probative value will be attached to it. Similarly, the
statement of the 1st Defendant made at Gwiwa Police Divisional
Headquarters Sokoto and dated 14/12/2018 admitted in evidence as
Exhibits H and H1 for Hausa and English translated versions, is
hereby discountenanced and expunged having been wrongly admitted
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