CHAPTER ONE: INTRODUCTION
1.1 Background to the Study
The study will explore the application and interpretation of evidence in Nigerian law.
Evidence plays a pivotal role in the administration of justice, ensuring that judicial
decisions are based on verifiable facts. In Nigeria, the Evidence Act 2011 regulates
the admissibility, relevance, and use of various forms of evidence in legal
proceedings.
1.2 Statement of the Problem
Despite the legal framework provided by the Evidence Act, many cases in Nigeria
suffer due to poor understanding or misapplication of evidence rules. This study seeks
to examine the challenges and effectiveness of Nigerian laws regarding different types
of evidence, including electronic evidence, documentary evidence, and hearsay, to
improve legal outcomes.
1.3 Aim and General Objectives
1.3.1 General Aim
The aim of this project is to analyze the scope, classification, and admissibility of
evidence under Nigerian law, focusing on real, documentary, electronic, and
circumstantial evidence.
1.3.2 Specific Objectives
To understand the meaning and scope of evidence under Nigerian law.
To investigate the application of electronic evidence in court.
To examine the criteria for admissibility of different kinds of evidence.
To assess how Nigerian courts handle circumstantial evidence.
1.4 Research Questions
What is the meaning of evidence in the Nigerian legal system?
How does Nigerian law regulate electronic evidence?
What are the challenges in the admissibility of various types of evidence?
1.5 Materials and Methods
This study will use a doctrinal research methodology by analyzing primary legal
sources such as the Evidence Act 2011, Nigerian case law, and secondary sources like
textbooks and journal articles.
1.6 Scope and Limitation of the Study
The scope of this study is limited to Nigerian legal frameworks governing evidence in
civil and criminal cases. Limitations may include the unavailability of recent case law
and regional variations in court decisions.
1.7 Literature Review
This section will review existing academic work on Nigerian evidence law, including
commentary on the Evidence Act 2011, judicial decisions, and secondary sources like
legal commentaries and textbooks.
CHAPTER TWO: INTRODUCTION TO EVIDENCE
2.1 Definition of Terms
2.1.1 Meaning of Evidence
Evidence refers to any material presented before the court to prove or disprove facts
in issue. The Nigerian Evidence Act 2011 defines evidence as information that can
legally be admitted in a court of law.
2.1.2 Meaning of Electronic Evidence
Electronic evidence includes any information stored or transmitted in digital form,
such as emails, text messages, or documents stored on computers. The Evidence Act
2011, in sections 84-90, governs the admissibility of electronic evidence in Nigerian
courts.
2.1.3 Meaning of Relevancy
Evidence is considered relevant if it directly relates to the facts in dispute. According
to sections 5-10 of the Evidence Act, relevance is a key determinant for the
admissibility of evidence in Nigeria.
2.1.4 Meaning of Admissibility
Admissibility refers to whether or not evidence can be considered by the court. For
evidence to be admissible, it must not only be relevant but also comply with the rules
of the Evidence Act. Sections 1-2 of the Evidence Act detail the general rules of
admissibility.
2.2 Historical Evolution of Law of Evidence in Nigeria
The Nigerian law of evidence has its roots in the common law system inherited from
the British colonial period. Since then, various amendments, including the Evidence
Act of 1945 and the current Evidence Act of 2011, have shaped its application.
2.3 Classifications of Evidence
2.3.1 Real or Direct Evidence
Real evidence refers to physical objects presented before the court, such as weapons
or documents. Section 86 of the Evidence Act covers the procedures for presenting
such evidence.
2.3.2 Circumstantial Evidence or Indirect Evidence
Circumstantial evidence indirectly proves a fact by relying on inference. Section 19 of
the Evidence Act covers its admissibility, which depends on the strength of the
inference drawn from the evidence.
2.3.3 Hearsay Evidence
Hearsay evidence is second-hand evidence where the person giving testimony is not
the original source. Sections 37-39 of the Evidence Act make hearsay inadmissible
except under certain conditions.
2.3.4 Oral Evidence
Oral evidence refers to testimony given by witnesses in court. Section 125 of the
Evidence Act requires that oral evidence be direct and based on personal knowledge.
2.3.5 Documentary Evidence
Documentary evidence involves the use of written materials in court. Sections 83-90
of the Evidence Act discuss the criteria for admitting documents into evidence,
including the requirement for authentication.
