UNIT 1

LAW OF EVIDENCE

The law of evidence in Nigeria governs the rules and legal principles that determine what evidence is admissible in court. It is primarily codified in the Evidence Act, 2011, which repealed the earlier Evidence Act of 1945. The Evidence Act applies to all judicial proceedings in or before any court established in Nigeria.

APPLICABILITY OF THE LAW OF EVIDENCE

The Evidence Act, 2011 applies to all civil and criminal proceedings in Nigeria. It outlines what constitutes admissible evidence and provides guidelines on the presentation and use of evidence in courts. See section 1 which states the general application of the Evidence Act and section 256 which defines the courts to which the Act applies, excluding customary courts and arbitration proceedings unless specified.

EXCEPTIONS ON APPLICATION OF LAW OF EVIDENCE

1. Arbitration proceedings: the arbitration tribunals are not strictly bound by the Evidence Act, though they may choose to adopt its principles.
2. Customary courts: The Act does not apply to customary courts unless expressly stated by a statute.
3. Military courts: Military courts operate under different rules, although they may refer to the Evidence Act in some cases.

RELEVANT CONCEPTS IN THE LAW OF EVIDENCE

1. Burden of proof: The burden of proof is the obligation to prove one's assertion in a court case. In civil cases, the burden of proof lies on the party who asserts the affirmative. In criminal cases, the prosecution bears the burden of proving the guilt of the defendant beyond reasonable doubt. See the case of Onwudiwe v. FRN (2006) 10 NWLR (Pt. 988) 382 where the Supreme Court held that the burden of proof lies on the prosecution in criminal cases to prove the guilt of the accused beyond reasonable doubt and the case of Eze v. State (2011) 3 NWLR (Pt. 1235) 478 which reaffirmed the principle that the burden of proof in criminal cases is on the prosecution.
2. Standard of proof: The standard of proof refers to the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding. In criminal cases the standard is "beyond reasonable doubt." while in civil cases the standard is "on the balance of probabilities." See the case of Woolmington v. DPP (1935) AC 462 which is a UK case and has persuasive authority in Nigeria and is frequently cited regarding the standard of proof in criminal cases and the case of Mogaji v. Odofin (1978) 4 SC 91 where the Nigerian Supreme Court adopted the principle of "balance of probabilities" in civil cases.
3. Admissibility of evidence: For evidence to be admissible in court, it must be relevant, material, and competent. Evidence is considered relevant if it makes the existence of any fact more or less probable than it would be without the evidence. See section 6 whch discusses the relevance of facts and section 7 which defines facts that are relevant.
4. Hearsay evidence: Hearsay evidence is any statement made outside of court that is presented to prove the truth of the matter asserted. Generally, hearsay evidence is inadmissible unless it falls under one of the recognized exceptions. See section 37 which defines hearsay evidence and its general inadmissibility and section 38 which outlines exceptions to the hearsay rule.
5. Documentary evidence: Documentary evidence refers to any evidence presented in the form of documents. The Evidence Act outlines the requirements for the admissibility of documentary evidence. See section 83 which provides the criteria for admissibility of documentary evidence and section 84 which addresses the admissibility of electronic evidence.
6. Judicial notice: Judicial notice refers to the act by which a court recognizes certain facts as established without requiring proof. These are facts that are so notorious or well known that they cannot be reasonably disputed. See section 122 which lists the facts of which courts must take judicial notice.
7. Presumptions: Presumptions are inferences or assumptions that the law expressly directs to be made from particular facts. There are rebuttable and irrebuttable presumptions. See section 145 which discusses the presumptions of law and fact.

JUDICIAL EVIDENCE

Judicial evidence refers to all means, excluding mere arguments, that are legally presented in court to persuade the judge or jury of the facts in dispute. Judicial evidence includes testimonial evidence, documentary evidence, real evidence, and circumstantial evidence.

1. Testimonial evidence: Testimonial evidence is the evidence provided by witnesses who testify under oath. It is a crucial part of judicial evidence and can be given in both oral and written forms. See section 175 which stipulates who may testify and section 209 which relates to the competency and compellability of witnesses.
2. Documentary evidence: Documentary evidence includes any written or printed document that is presented to the court for inspection. For documentary evidence to be admissible, it must comply with the rules of relevance, authenticity, and proper form. See section 83 which discusses admissibility of documents and section 89 which covers secondary evidence of documents.
3. Real evidence: Real evidence involves physical objects that are presented to the court as evidence. These objects must be directly related to the case and help to establish facts. See the case of Okoro v. State (1988) 5 NWLR (Pt. 94) 255 where the Supreme Court discussed the admissibility of real evidence in criminal proceedings.
4. Circumstantial evidence: Circumstantial evidence relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. While not as direct as eyewitness testimony, circumstantial evidence can be very powerful. See the case of Mohammed v. State (2014) 12 NWLR (Pt. 1421) 337 where the Supreme Court held that circumstantial evidence must be complete and unequivocal to sustain a conviction.

CONCLUSION

The law of evidence in Nigeria is comprehensive and essential for the proper administration of justice. Understanding its concepts, rules, and applicability ensures that legal proceedings are conducted fairly and that the truth is effectively established. The Evidence Act, 2011 serves as the foundation for these principles and guides the courts in their deliberations on what constitutes admissible and credible evidence.