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. 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. Finally a panacea is proposed which is aimed at curing the defect in the Nigeria law on the admissibility of illegally obtained evidence in Nigeria with reference to relevant materials.