Relevancy v. Admissibility

  Relevancy is defined as any 2 facts to which it applied are so related to each other that, according to the common course of events one either taken by itself. In the other hand, admissibility is a question of law and refers to whether evidence may be tendered on a fact in issue, relevant facts or a collateral fact.General rule of evidence law is the facts in issue and relevant facts must be relevant and admissible before they are admitted in court. However, this general rule is subjected to some exceptions (hearsay and opinion), where not all relevant evidences are prima facie admissible.

  There are some differences between admissibility and relevancy. Admissibility is a matter of law, relevancy is usually though not invariably a matter of logic and common sense. In Musa Saday v The State, the Court of Appeal held that:

i.) Where a fact his relevant it could not be excluded of law except by virtue of a spesific statutory provision of rule of law.

ii.)There is no general rule of law  in civil as well as in criminal cases taht evidence which is relevant is excluded, nearly by the way in which it has been obtained.

  Besides, the admissibility of evidence, depends first on the concept of relevancy of a sufficiently high degree of probative value and secondly, on the fact that the evidence tendered does not infringe any  of the exclusionary rules may be applicable on it. Relevancy is not primarily depends on rules of law but admissibility is founded on law. Thus, relevancy usually known as logical relevancy while admissibility known as legal relevancy. Relevancy is a question of fact which is duty of lawyers to decide to tender such evidence in court. In the other hand, admissibility is the duty oof court to decide whether an evidence should be received by the court.

  In general, a relevant fact given in evidence under S.5 to S.55 of Evidence Act 1950 is admissible in the court. However, a relevant fact under S.5 to S.55 may not admissible if the other sections of the Act do not permit it to be received by the court. There are main exclusionary rules in Act which excluded the admissibility of facts although it is relevant, which is hearsay and opinion, despite its high degree of relevance, on the reasoning that the witness who narrates the 3rd party's statement to the court may have no personal knowledge of the facts stated and the party against whom the evidence is admitted may have no opportunity of cross-examining the 3rd party.