DOCUMENTARY EVIDENCE. :: Documentary Evidence is evidence tendered through the means[1] of documents. Section 258 defines “documents” to include[2]; books, maps… matter described upon any substance… disc, tape… film… any device by means of which information is recorded, stored or retrievable including computer output. In essence, a document is anything capable of passing information-Arthur John. […]
Tendering Secondary Evidence: Remember the best evidence rule which is also couched in Section 88 above. :: However, (as the court noted in Habib Bank V Koya[1]), a party can tender secondary evidence after he has laid proper foundation as to the whereabouts of the primary/original document. The relevant provision shall be discussed right away. […]
HEARSAY EVIDENCE[1]. Also referred to as “second-hand evidence”. From the interpretation of Section 37[2] and Ojo V Gharoro, we can deduce that hearsay occurs where a person who is not the maker of (that is to say that he is not the author, signatory, or privy to) the document seeks to prove its content. :: […]
Apart from Section 83 (DISCUSSED IN THE PREVIOUS LECTURE[1]), there are other EXCEPTIONS TO HEARSAY RULE. They include: Dying declaration: Section 40. (1) A statement (oral or written[2]) made by a person as to the cause of his death, or as to any of the Statements[3] relating to circumstances of the events which resulted in […]
COMPUTER AND ELECTRONIC EVIDENCE[1]. Prior to the Evidence Act 2011, the question of admissibility of Electronic and Computer Generated Evidence stood on an ambivalent parlance owing to the lacunae in the Old Evidence Act. Spurious Objections were raised and unnecessary delays occasioned[2]. Practitioners were divided. Professor Osinbajo was of the opinion that “computer-generated evidence […]
CHARACTER EVIDENCE. Character is defined in BLDict as personality traits… a person’s moral standing in a community based on reputation or opinion. It is what he is in fact- Plato Films V Speidel[1]. Nwadialo sees it as general reputation as opposed to evidence of particular acts. Section 77 EA 2011 sees it as “reputation […]
CORROBORATION. Generally, the courts are concerned with the quality rather than quantity (i.e. number) of evidence-See Section 200EA, Ugwumba V State[1]. However, in certain situations (as shall be highlighted) the courts usually require that evidence should be substantiated/confirmed by another evidence-Igri V State. Also Dabiri V COP. Corroboration was defined in Nwambe V State[2] […]
WHEN IS CORROBORATION NEEDED? Corroboration may be needed as a matter of law, statutory warning or judicial practice. Corroboration as a matter of law: the Law requires corroboration in the following instances: Before a person can be convicted for the offence of Treason and Treasonable felonies: Section 201 EA 2011[1]. Also noted in Enahoro V […]
COMPETENCE AND COMPELLABILITY OF WITNESS. “Competence” has been defined in Blacks’ Law Dictionary 7th Edition as “the basic or minimal ability to do something especially to testify”. While “compellability” means “capable of being compelled… especially to testify”[1]. Part IX EA 2011 deals with competence and compellability. Evidence can be proved through witnesses. However, only […]
We move on to other instances where the issue of competence arises: In Criminal Cases: Evidence of Spouses: spouse of an accused is only competent to testify on application of the accused person-Section 179[1], 182(2) [2] and 186[3] EA. Idiong and Anor V The King[4], Lamu V The State[5]. The restriction is so as to […]
NON COMPELLABILITY OF CERTAIN PERSONS: Though certain persons are generally (by virtue of Section 175 EA) competent to testify, they are however not compellable to give evidence. They include: Presidents, Vice-President, Governor, Deputy-Governor: They are competent[1] but they are not compellable by virtue of Section 308 of the 1999 Constitution which immunises them from criminal […]
