UNIT 2

SCOPE OF THE LAW OF EVIDENCE

The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence is admissible in court, the manner of presentation of evidence, and the weight and effect of the evidence presented. The law of evidence is crucial for ensuring that trials are fair and just.

1. Admissibility of evidence: Admissibility refers to the legal requirements that must be met for evidence to be considered by the court. Evidence must be relevant, material, and competent to be admissible. See section 1 of the Nigerian Evidence Act 2011 which provides that evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are declared to be relevant.
2. Relevant evidence: Evidence is relevant if it makes the existence of any fact in issue more probable or less probable than it would be without the evidence. See sections 4 to 14 of the Evidence Act 2011 which outline what constitutes relevant evidence.
3. Material evidence: Material evidence refers to evidence that has a legitimate and effective influence on the decision of the case. It directly relates to a fact in issue or has substantial importance in the case.
4. Competent evidence: Competent evidence is that which complies with the legal rules regarding the manner in which it is presented and the person presenting it. This includes ensuring that the witness is legally competent to testify (See sections 175 and 182 of the Evidence Act 2011).
5. Burden of proof: The burden of proof lies on the party who asserts the existence of facts. The standard of proof varies because in criminal cases the standard of lies on the prosecutor to proof beyond a reasonable doubt while in civil cases the standard of proof is on the balance of probabilities (preponderance of evidence). See sections 131 to 134 of the Evidence Act 2011 which explain the burden of proof.
6. Presumptions: Presumptions are inferences or conclusions drawn by law from certain facts. There are rebuttable and irrebuttable presumptions. See sections 145 to 167 of the Evidence Act 2011 which deal with presumptions.

TYPES OF EVIDENCE

1. Oral evidence: this is when testimony are given by witnesses in court. See sections 125 to 133 of the Evidence Act 2011 which deal with oral evidence.
2. Documentary evidence: this includes any document produced for inspection by the court. See sections 86 to 90 of the Evidence Act 2011 which cover documentary evidence.
3. Real evidence: these are physical evidence that can be inspected, such as objects, pictures, or places.
4. Hearsay evidence: these type of evidence are generally inadmissible unless it falls within certain exceptions outlined in sections 37 to 39 of the Evidence Act 2011.
5. Circumstantial evidence: these are indirect evidence that implies a fact but does not prove it directly. It is admissible and can be very persuasive if the inference is strong enough.

ORIGIN OF THE LAW OF EVIDENCE

The law of evidence in Nigeria has its roots in English common law. This was a result of colonial influence, where English legal principles were imported into Nigeria. The key milestones in the development of the law of evidence in Nigeria include:

1. Pre-colonial period: Before colonization, indigenous communities in Nigeria had their own traditional methods for resolving disputes and determining facts, which varied among different ethnic groups.
2. Colonial period: During the colonial period, English common law and statutes were introduced. The reception statute in Nigeria incorporated English laws, including the law of evidence, into the Nigerian legal system.
3. Post-independence period: After gaining independence in 1960, Nigeria continued to develop its legal system. The Evidence Act 1945 was the primary statute governing the law of evidence. However, it was largely based on the English law of evidence.
4. Evidence act 2011: The Evidence Act 2011 is the current legislation governing the law of evidence in Nigeria. It repealed the Evidence Act 1945 and introduced significant reforms to modernize the law and make it more suited to the Nigerian context. This Act incorporates principles from both common law and statutory law, tailored to the needs of the Nigerian legal system.

OTHER LEGAL SOURCES

The law of evidence in Nigeria is also influenced by other legal sources beyond the Evidence Act 2011. These include:

1. Judicial precedents: Judicial precedents, or case law, play a significant role in interpreting and applying the rules of evidence. Nigerian courts often refer to previous decisions to resolve current cases. See the case of DPP v. Morgan (1976), where the Supreme Court of Nigeria adopted principles regarding the admissibility of confessions.
2. Constitution: The Constitution of the Federal Republic of Nigeria 1999 (as amended) contains provisions that impact the law of evidence, particularly concerning fundamental rights. See section 36 of the Constitution which guarantees the right to a fair hearing that includes the right to present and challenge evidence.
3. Other statutes: Other statutes also impact the law of evidence in specific contexts. For example:
   
   1. Criminal procedure act and Criminal procedure code: These statutes provide procedures for the presentation and admissibility of evidence in criminal cases.
   2. Matrimonial causes act: This Act includes provisions on the evidence required in matrimonial proceedings.
   3. Arbitration and conciliation act: This Act governs the presentation of evidence in arbitration proceedings.
4. International treaties: Nigeria is a signatory to various international treaties and conventions that can influence the law of evidence. See the African Charter on Human and Peoples' Rights, which Nigeria has domesticated, and it impacts the admissibility of evidence in cases involving human rights.
5. Customary law: In some cases, customary law may influence the law of evidence, particularly in traditional or customary courts. Customary practices can determine what evidence is acceptable in certain contexts, although these must not conflict with statutory provisions.

CONCLUSION

The law of evidence in Nigeria is a complex and vital area of law that ensures justice through proper fact-finding processes. Its scope covers the admissibility, presentation, and evaluation of evidence. The origin of the law of evidence in Nigeria is rooted in English common law, evolving through colonial influence to the present Evidence Act 2011. Other legal sources, including judicial precedents, the Constitution, other statutes, international treaties, and customary law, also significantly shape the law of evidence in Nigeria. Understanding these aspects is crucial for legal practitioners and anyone involved in legal proceedings.