When Can a Court Reject Relevant Evidence Because It Was Improperly Obtained?

An Examination of the Admissibility of Illegally or Improperly Obtained Evidence Under Nigerian Law 

Introduction

One of the fundamental principles governing judicial proceedings is that evidence must be relevant to the facts in issue before it can be admitted by a court. However, a crucial question arises where evidence, although relevant and potentially decisive, was obtained through unlawful, dishonest, oppressive or otherwise improper means.

For instance, can a secretly recorded conversation be admitted in court? What happens when law enforcement officers obtain incriminating documents through an unlawful search? Can a confession extracted through intimidation or torture form the basis of a criminal conviction?