UNIT 3

CLASSIFICATION OF EVIDENCE

Evidence is the means by which facts are proved or disproved before a court of law. The classification of evidence is essential for understanding how different types of evidence can be used in legal proceedings. The main classifications of evidence are direct evidence, circumstantial evidence, primary evidence, secondary evidence, and documentary evidence.

DIRECT EVIDENCE

Direct evidence refers to evidence that directly proves a fact without needing any inference or presumption. It is straightforward and does not require additional evidence to establish the truth. Examples of direct evidence include eyewitness testimony, confessions, and video recordings. See the case of Akpan v. The State (1994) 9 NWLR (Pt. 368) 347, where the Supreme Court of Nigeria held that direct evidence of an eyewitness who saw the commission of the crime is compelling and can form the basis of a conviction.

CIRCUMSTANTIAL EVIDENCE

Circumstantial evidence, also known as indirect evidence, requires the drawing of inferences to connect it to a conclusion of fact. It does not directly prove the fact in question but suggests its likelihood. Circumstantial evidence can be powerful and reliable, especially when multiple pieces of evidence point to the same conclusion. See the case of Nasiru v. The State (1999) 2 NWLR (Pt. 589) 87, where the court stated that circumstantial evidence is often the best evidence in cases where there is no direct evidence. The court must ensure that the chain of circumstances is complete and points unmistakably to the guilt of the accused.

PRIMARY EVIDENCE

Primary evidence is the best or highest form of evidence available. It refers to the original document or physical object presented in court. According to Section 85 of the Evidence Act 2011, primary evidence is the document itself produced for inspection by the court. See the case of Bally v. The State (2009) 15 NWLR (Pt. 1165) 325, where the Supreme Court held that primary evidence of a document is the original document itself.

SECONDARY EVIDENCE

Secondary evidence refers to copies or substitutes of primary evidence. It includes photocopies, certified copies, or oral accounts of the content of a document. See section 86 of the Evidence Act 2011 which outlines when secondary evidence is admissible, such as when the original is lost or destroyed, or when the original is in possession of the opposite party who fails to produce it. See the case of Omotosho v. The State (2010) 14 NWLR (Pt. 1214) 538, where the court emphasized that secondary evidence of a document is admissible only when the conditions laid down in the Evidence Act for its admissibility are met.

DOCUMENTARY EVIDENCE

Documentary evidence refers to any document that is presented in court to establish a fact. It includes written documents, electronic records, letters, contracts, and official records. See sections 87 to 97 of the Evidence Act 2011 which deal extensively with the admissibility and use of documentary evidence in Nigerian courts. For documentary evidence to be admissible, it must be relevant and comply with the rules of evidence. The document must be authenticated to ensure its genuineness. See sections 89 and 90 of the Evidence Act which outline the requirements for the admissibility of documentary evidence, including the necessity of the original document unless it falls under the exceptions for secondary evidence. See the case of Nwobodo v. Onoh (1984) 1 SCNLR 1, where the Supreme Court highlighted the importance of proper authentication of documentary evidence before it can be admitted.

ELECTRONIC DOCUMENTS

The admissibility of electronic documents is governed by section 84 of the Evidence Act 2011, which requires proof of the authenticity of electronic records. The party presenting electronic evidence must show that the computer was in regular use, the information was regularly fed into the computer, and the computer was operating properly. See the case of Kubor v. Dickson (2012) LPELR-15364(SC), where the Supreme Court held that electronic evidence must comply with the conditions laid down in section 84 of the Evidence Act 2011 for it to be admissible.

CONCLUSION

The classification of evidence into direct and circumstantial, primary and secondary, and documentary evidence is fundamental to the practice of law. Understanding these classifications helps legal practitioners present their cases effectively and aids the court in determining the reliability and relevance of the evidence presented. By adhering to the rules and principles governing evidence, justice can be administered fairly and accurately in Nigerian courts.