IS A RECORD OF CRIMINAL PROCEEDINGS ADMISSIBLE IN CIVIL PROCEEDINGS IN NIGERIA?: ANALYSIS OF THE LAW AS PROPOUNDED IN ABUBAKAR V JOSEPH1AND BAYOL V AHEMBA

Abstract

The issue of admissibility or otherwise of documentary evidence in trials before a court is a well settled issue under the Nigerian law. However, an aspect of this same issue, i.e, whether a record of criminal proceedings is admissible in a civil trial, remains, in practice, misunderstood, misconceived and/or contentious. This paper x-rays that aspect of admissibility of documentary evidence by critically analyzing two Supreme Court’s decisions (Abubakar v. Joseph3and Bayol v Ahemba4), among others. In one of these cases,5the Court was reported to have held that a record of criminal proceedings should not be admitted in evidence in civil proceedings. This decision raises some concern and points of law worthy of being properly analyzed, understood and/or reviewed. This paper further critically examines the above mentioned decisions of the Court, hand in hand with other extant laws, with a view to arriving at whether, in view of its other decisions, the Court was right. The paper concludes, with due respect to their lordships, that the position of the law is not as painted in Abubakar v Joseph,6per Ogbuagu, JSC, and that the position of the law on the issue is being misconstrued. The paper recommends, among others, that when faced with admissibility of a record of criminal proceedings in a civil trial, the Supreme Court, and any other court or any judge in Nigeria, should be more meticulous in its/his/her choice of words and decision on the issue.