Nigeria evidence act. EVIDENCE ACT 2011 2019-01-24

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Judges Must Appreciate how Section 84 of the Evidence Act is Applied

nigeria evidence act

Questions tending to render evidence of relevant fact more probable, admissible. Evidence may be given of facts in issue and relevant facts. Previous judgments admissible to bar a second suit or trial. Subject to the provisions of this Part of this Act, in criminal cases the accused person, and his or her wife or husband, and any person and the wife or husband of any person jointly charged with him and tried at the same time, is competent to testify. When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the court. Proof of fact by oral evidence 77.

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Provisions of the Evidence Act, 2011 on electronic proofs are largely inadequate

nigeria evidence act

Professional communication between client and legal practitioner. Documentary evidence is also subject to the best evidence rule, which requires that the original document be produced unless there is a good reason not to do so. Question lawful in cross - examination. Proof of good faith in transactions where one party is in relation of active confidence. The presumption is a strange one because the server itself can be distorted and the originator of an electronic message is not defined leaving room for multiple interpretations of who an originator is.

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Admissibility of documentary evidence under the Nigeria Law of Evidence

nigeria evidence act

Presumption as to documents produced as record of evidence 116. Statements in maps, charts and plans. Discretion to exclude improperly obtained evidence Evidence obtained - a improperly or in contravention of a law; or b in consequence of an impropriety or of a contravention of a law, shall be admissible unless the court is of the opinion that the desirability of admitting the evidence is out - weighed by the undesirability of admitting evidence that has been obtained in the manner in which the evidence was obtained. No bailee, agent or licensee is permitted to deny that the bailor, principal or licensor, by whom any goods were entrusted to any of them respectively, was entitled to those goods at the time when they wee so entrusted: Provided that any such bailee, agent or licensee may show that he was compelled to deliver up any such goods to some person who had a right to them as against his bailor, principal or licensor, or that his bailor, principal or licensor wrongfully and without notice to the bailee, agent or licensee, obtained the goods from a third person who has claimed them from such bailee, agent or licensee. Admissions in civil cases, when relevant. Competency in criminal cases 160.

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nigeria evidence act

Evidence as to matters in writing. The opinion of any person as to the existence or non - existence of a fact in issue or relevant to the fact in issue is inadmissible except as provided in sections 68 to 76 of this Act. The following provisions shall be observed by persons before whom affidavits are taken - a every affidavit taken in a cause or matter shall be headed in the court and in the cause or matter; b it shall state the full name, trade or profession, residence, and nationality of the deponent; c it shall be in the first person, and divided into convenient paragraphs, numbered consecutively; d any erasure, interlineation or alteration made before the affidavit is sworn, shall be attested by the person before whom it is taken, who shall affix his signature or initial in the margin immediately opposite to the interlineation, alteration or erasure; e where an affidavit proposed to be sworn is illegible or difficult to read, or is in the judgement of the person before whom it is taken so written as to facilitate fraudulent alteration, he may refuse to swear the deponent, and require the affidavit to be rewritten in an unobjectionable manner; f the affidavit when sworn shall be signed by the witness or, if he cannot write, marked by him with his mark, in the presence of the person before whom it is taken; g i the jurat shall be written without interlineation, alteration or erasure immediately at the foot of the affidavit, and towards the left side of the paper, and shall be signed by the person before whom it is taken; ii it shall state the date of the swearing and the place where it is sworn; iii it shall state that the affidavit was sworn before the person taking the same; iv where the deponent is illiterate or blind it shall state the fact, and that the affidavit was read over or translated into his own language in the case of a witness not having sufficient knowledge of English , and that the witness appeared to understand it; v where the deponent makes a mark instead of signing, the jurat shall state that fact, and that the mark was made in the presence of the person before whom it is taken. Order and direction of examination. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand to each other in those relationships respectively, is on the person who affirms it. It is widely acknowledged that delay is a major challenge in the dispensation of justice in Nigeria. I will want to see a restoration of regional autonomy, including financial and resource control, more powers to the states and a reduction of items on the Exclusive list, while the concurrent list is increased.

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Provisions of the Evidence Act, 2011 on electronic proofs are largely inadequate

nigeria evidence act

The papers ordered and produced should be used as a guide or framework for your own paper. Entries in books of account. Rules as to presumptions by the court. Persons who are described as looters enjoy presumption of innocence under our law until they are tried and convicted. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

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Admissibility of documentary evidence under Nigeria evidence Act 2011 ยป PROJECT GIST INTERNATIONAL

nigeria evidence act

Presumptions as to deeds of corporations. Subject to any directions of the President in any particular case, or of the Governor where the records are in the custody of a state, no one shall be permitted to produce any unpublished official records relating to affairs of State, or to give any evidence derived therefrom, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. This provision of the Evidence Act makes it applicable that evidence maybe given of the existence or non-existence of a fact but relevancy is the key word here. The proponent of electronic evidence should be able to demonstrate the security around the computer systems upon which the business records were created and stored. Subpoena or witness summons may be served in another state.

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Latest Nigerian Supreme Court Cases

nigeria evidence act

Facts bearing upon opinions of experts. Evidence in accordance with section 1 generally admissible. Chapter Four provides a critical appraisal of the rules on admissibility of documentary evidence as to fact in issue under Sections 83 and admissibility of statements in documents produced by computers under Sections 84 of the Evidence Act 2011 which 26 includes admissibility of document made by a person in any proceeding, if the maker of the document had personal knowledge of the matters dealt with by the statement, where the document forms part of the record purporting to be continuous record, if the maker of the statement is called as a witness in the proceeding, the discretion of the Court to admit a statement made by the maker in any proceeding, the inadmissibility of the document made an interested person when the proceeding is pending or anticipated, admissibility of document signed or initialed by the maker, basis for admissibility of certificates of a registered medical practitioner, admissibility of computer generated document and conditions to be laid, admissibility of statement produced from different or combination of computers, basis for admissibility of certificate signed by a person in a responsible position, and conditions to be laid for an information to be duly supplied or produced by computer. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Provisions as to altered affidavit. Presumption as to documents twenty years old 124.

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nigeria evidence act

Presently, there is an upsurge of criminal cases filed in court because investigators and prosecutors are criminalizing simple commercial disputes. Proof of document not required by law to be attested. The problems are more structural and every stakeholder has shared responsibilities and blame. A witness declaring another witness to be unworthy of credit may not, upon his examination - in - chief give reasons for his belief but he may be asked his reasons in cross - examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with an offence under section 191 of the Criminal Code and on conviction, shall be dealt with accordingly. Evidence as to the interpretation of documents 134.

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Judges Must Appreciate how Section 84 of the Evidence Act is Applied

nigeria evidence act

What kind of amendment do you think will remedy the obvious drawbacks of electronic evidence, which include that it can easily be manipulated, withdrawn and or destroyed? Presumption as to sealing and delivery. Question not to be asked without reasonable grounds. Every fact is deemed to be relevant which tends to show how in particular instances a matter alleged to be a custom was understood and acted upon by persons then interested. Admissibility of statement in document produced by computers, 85. A witness declaring another witness to be unworthy of credit may not, upon his examination in chief, give reasons for his belief, but he may be asked his reasons in cross examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with an offence against section 191 of the Criminal Code and, on conviction, shall be dealt with accordingly. Nature of secondary evidence admissible under section 89, 91. Relevant facts as to how matter alleged to be custom understood.

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