LAW OF EVIDENCE

MEANING AND
CLASSIFICATION
 Background and Introduction

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Definition and Importance of Law of
Evidence
 Evidence in the ordinary sense refers to what makes the truth apparent or
what makes a matter apparent.
 In a legal or judicial sense evidence has a much deeper meaning. See
ARUM V NWOBODO (2013) ALL FWLR (PT. 688) 870 at 892 SC. The
Supreme Court adopting CHUKUWUOGOR V OBIORA (1987) 3 NWLR (PT 61)
454at 477-478 SC described judicial evidence as:
 “In its broad sense, evidence encompasses and includes the means
employed for the purpose of proving a disputed fact”
 In LAWAL V UNION BANK OF NIGERIA PLC (1995) 2 SCNJ 132 at 146-147
 …Evidence, as used in judicial proceedings has several meanings. In one
sense it means the testimony whether oral, documentary or real which may
legally be received in order to prove or disprove some fact in dispute.
Evidence in a judicial proceeding does not consist of oral evidence alone
and proof of a fact can be documentary…
Definition and Importance of Law of
Evidence Cont

 Evidence in the legal or judicial sense is also described in ONYA

V OGBUJI (2011) ALL FWLR (PT. 556) 493 at 517 per SALAUWA
JCA as:
“The term evidence has been aptly described as any specie of
proof, or probative matter legally presented at the trial of any
issue, by the parties and through the medium of witnesses,
records, documents, exhibits, concrete objects, etc for the
purpose of inducing belief in the mind of the court or jury as to
their contentions”
In sum, evidence in a judicial proceeding is ether and it includes
oral, documentary. Formal admissions, confessions and matters
that the court should take judicial notice of ELKANEM-ITA V
FETUGA (1991)7 NWLR (PT. 204) 449
EVIDENCE AS PERCEIVED BY DIFFERENT
SCHOLARS

 To Phipson on Evidence: Evidence has two main meanings

 It means the testimony: oral, documentary and real which may be legally
received in order to prove or disprove a fact in issue.
 It also means “the content of the testimony”
 Whereas according to Cockle on Evidence: judicial or legal evidence
has the same meaning with ordinary usage of the word. Evidence is the
means by which facts are established or made evident. However, such
evidence must be credible or sufficient to convince prudent minds. Do
you agree with this position?
 According to Michael Hirst: the rule of evidence encompasses rather
broader functions. It includes rules relating to the satisfaction methods of
the court including burden of proof, standard of proof and other evidentiary
rules.
EVIDENCE THROUGH THE CASES
Continuation

 In UNITED FOAM PRODUCTS (NIG) LTD V OPOBIYI (2012) 6 NWLR (PT.

1297) 429 at 455 Agube J.C,A Held that “ the point must be rammed home that
facts are the fountainheads and forerunners of the law. It is facts that
determines the fate of any proceedings.
 Cases are determined on the basis of the evidence led and each case is
determined in accordance with its peculiar facts. Parties and the court are bound
by the evidence placed before the court. They are not allowed to resile from it.
The judge must decide a case before him on the evidence adduced and is not
allowed to rely on other extraneous matters. See NWOBODO V NWOBODO
(1995) 1 NWLR (PT. 370) 203 at 214A
 A court’s decision which does not arise from the evidence on record constitutes
a miscarriage of justice. IGBIKIS V STATE (2017) 11 NWLR (PT. 1575) 126
 A party must gather all his evidence before going to court if he tries to assemble
evidence after having gone to court it will be seen as fishing for evidence.
LADOJA V AJIMOBI (2016) ALL FWLR (PT 843) 1846
Classification and Definition of Terms

 Primary Evidence: This is the best or highest kind of evidence. In respect of

documentary evidence, the production of the original document, or proof of an
admission of its contents by the party against whom it is tendered, is regarded as
primary evidence in this case. JACOB V ATTORNEY GENERAL AKWA IBOM STATE
(2002) FWLR (PT.86) 578 at 590
 Secondary Evidence: This evidence that may be given in the absence of that that
better evidence, when a proper explanation of its absence has been given. LUCAS V
WILLIAMS (1892) 2 QB 113 at 116. This type of evidence is limited to secondary
evidence.
 Direct Evidence: This is evidence of a witness who saw and watched the act in
question. IDIO V STATE (SUPRA) This type of evidence as opposed to circumstantial
evidence, requires no presumption or inference. AHMED V STATE (2002) FWLR (PT. 90)
1358
 Indirect or Circumstantial Evidence: This is direct opposite of direct evidence. It is
the evidence that does not directly prove the existence of a fact or happening but which
gives rise to a logical inference that such a fact exists. IGABELE VSTATE (2005) ALL
FWLR (PT 285) 568
Classification and Definition of Terms Cont.

 Direct evidence is not always available. Hence, the need for circumstantial
evidence In P. UDO-DEBIA V. THE STATE (1967) 1 SC.133. The Supreme
Court “where direct testimony of eye witness is not available the court is
permitted to infer from the facts proved, the existence of other facts that
may be logically inferred”. UCHE V THE STATE (1973) 1 All NLR (PT 11)
181 (only the accused and the deceased were in the room and a loud bang
was heard. The accused later rushed out carrying the dead body of the
deceased with a gun loosely and clumsily held)
 Circumstantial evidence should not be conjured or speculative but should
lead to an aggregate of cogent, strong and unequivocally to the conclusion
that that the act, conduct or omission of the accused killed the deceased.
IDIOK V STATE (2008) All FWLR (Pt. 421) 797
 Circumstantial evidence is receivable in both criminal and civil cases but
the necessity of admitting circumstantial evidence is more obvious in
criminal cases. IJIOFFOR V STATE (2001) 9 NWLR (PT. 718) 371 S.C
Documentary Evidence and Real
Evidence
 Oral Evidence This is evidence given by statement or assertions by a witness
in court. Evidence by a dumb person can also be described as oral evidence if
it can be intelligible, by writing , signs or written or made in the open court. It
is a direct evidence. It is the most common type of judicial evidence. Here, the
judge has the advantage of seeing the demeanour of the witness.
 Documentary Evidence This is a stament contained in document tendered
as a means of proving a fact. It is wide and all embracing. It includes books,
plans photograph etc. Where documentary evidence is tendered, oral evidence
can be used to contradict the documentary evidence. The document speaks
for itself. S. 258(1) E.A 2011 defines a document.
 Real Evidence Nokes states that “material objects other than documents,
produced for the inspection of the court.” For example, instrument used in the
commission of a crime knife, gun, it is a material that do not amount to
documents as defined in S. 258(1) E.A 2011 (though if a document itself is
stolen, such document might become a real evidence)
Hearsay Evidence AND Fact in issue
 This is sometimes described as second hand evidence ( FRN V USMAN
(2012) 3SC (PT 1) 128 at 135) or derivative or transmitted evidence.
 It will be inadmissible when the object of the evidence is to establish the
truth of what is contained in the statement. However, it will not be hearsay
if it was made not to establish the truth of the statement but the fact that
the statement was made. SUBRAMANIAN V PUBLIC PROSECUTOR
(1956) 1 WLR 965 at 969.
 See S.37 E.A for the definition of hearsay
 Fact in Issue: This phrase means relevant fact. It is any fact which either
by itself or in connection with other facts the existence, non-existence,
nature or extent of any right, liability or disability asserted or denied in any
suit or proceedings.
 It is only when facts are disputed that the can be said to be in issue. AMADI
V AMADI (2017) 7 NWLR (PT. 1563) 108 at 132
Sources of the Nigerian Evidence
Law
 Prior to 1945: Nigerian courts applied:
 The received English Law (Common law, Equity and SOGA in force in England as at
01/01/1900) including the English Law of Evidence.
 Evidence Ordinance 1943: This was based on the Stephen’s Digest of the Law of
Evidence. It was an attempt by the author to codify the Law of Evidence. The
evidence Ordinance was amended in 1950, 1955, and 1958 and in 1958 it was re-
enacted as the Evidence Act and it remained in force till 1990.
 Evidence Act 1990: This Act incorporated a 1977 slight amendment that added
S.35A to the 1958 Act. It increased the number of sections from 229 to 230. This Act
was later lightly amended to form the Evidence Act 2004 which was repealed in
2011.
 The Evidence Act 2011: S.3 E.A 2011 unlike the previous Evidence Acts limits
the admissibility of evidence in or by Nigerian courts to evidence that is made
“admissible by any other legislation validly in force in Nigeria” Foreign statutes are
law no longer admissible automatically admissible in Nigeria.
Sources of Nigeria Law of Evidence
Cont

 Some sources of Nigerian law of evidence include:

 Evidence Act 2011
 The Constitution
 Other local or Nigerian statutes or rules of court
 Natural Justice Principle
 Case Law and Judicial Opinions of Superior Courts of record in Nigeria
 Case Law and Judicial Opinions of Superior Courts of record Laws of other
countries accepted in Nigeria where persuasive enough.
 Regulatory practices by the AG-Section 255 (new innovation)
Superiority of the Evidence Act on Evidence Related
Issues AND Courts Bound by the Evidence Act

 The provisions of the Evidence Act 2011 is superior to that of any other enactment
in relation to litigation procedure. See S.2 EA
 See BENJAMIN V KALIO (2018) 15 NWLR (PT. 1641) 38 S.C. where the apex
court held that a State Law rendering inadmissible an unregistered registrable
instrument is made ultra vires the constitutional law making powers of the House of
Assembly of that State, hence is null and void. Accordingly, that to be rendered
inadmissible, a registrable instrument must offend either a provision of the Evidence
Act or any other law validly enacted. ANAGBADO V FARUK (2019) 1 NWLR (PT.
1653) 292 S.C

 Courts Bound by the Evidence Act

 The Evidence Act applies to all judicial proceedings in Nigeria. S.256 (1) E.A 2011

 The Act is exempted from proceedings of an arbitrator or a field general court martial or Sharia
Court of Appeal, Customary Court of Appeal, Area Court or Customary Court.