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The Propriety of Admissibility of Improperly Obtained Evidence in Criminal Trials in Nigeria

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Abstract

The rules relating to the admissibility of illegally obtained evidence in a criminal proceeding is a matter of court discretion;

it question of whether this kind of evidence ought to be rejected because it was obtained illegally, that is, by a crime, a tort, or a breach of the constitution or other laws, involves a different choice between two competing policies in support,

it is argued that since its reliability is not affected by the manner it was obtained it ought to be rejected since the consequence would often bet that a guilty person would be acquitted on the other hand.

Introduction

It is argued that to admit such evidence involves the tacit encouragement of improper practices by the authorities, and such practices constitute at least as great evil as the occasional accused guaranteed by the constitution of Nigeria.

It is therefore recommended that the court in exercising its discretionary power should adopt an exclusionary rule to execute evidence methodology adopted in this work is a comparative analysis of other jurisdiction.

The sensitivity as to the nature of the subject matter is my motivation, and inspiration to write on the subject, this is because any misapplication or undue consideration of illegally obtained evidence amount to injustice to the accused

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