This act may be cited as the revised edition laws of the federation of nigeria act, 2007. Section 31 of the evidence act 2011 went further to state when a confession that was considered relevant cannot be vitiated by the way it was obtained. Evidence collection, analysis, organization, and delivery are intellectual activities directed toward a specific goal or end, namely, the truth of the matter. Evidence is the cornerstone of litigation and indispensable for a fair justice system in nigeria.
The introduction of a codified set of competition rules into nigerias regulatory oversight framework came as a. Prominent features of the book include an indepth discussion, backed with very current case and statutory law, of nagging issues in the law of evidence, like admissibility of computergenerated evidence generated from conventional computers. Admissibility of computer generated evidence in nigeria, by ibem uduma. That material was based on the law of evidence act, 2004.
The speaker of nigeria s house of representatives, rep. Law of evidence ii this is the second part of the law of evidence. Authorised by the act parliamentary counselalso accessible at. The thrust of this paper is to examine child evidence under the evidence act, 2011. Generally speaking, the act applies to proceedings in courts and before other persons or bodies required to apply the laws of evidence see section 4.
The act witnessed minor amendments in 1948, 1958 and 1991 but remained substantially the same till its repeal in 2011. Criminal code act chapter 77 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition 1. Law of evidence in nigeria, 2nd edition, published in 20, is based on the provisions of the nigerian evidence act, 2011. It hence clarifies that a confession that is relevant will not become irrelevant by the fact that it was made under a promise of secrecy, or in. E14, laws of the federation of nigeria, and enacts a new evidence act, which shall apply to all judicial proceedings in. The federal competition and consumer protection act 2019.
I must thank the national judicial institute nji for the honour of delivering this paper. It is a common law doctrine previously admissible under section 5a of the old evidence act. Admissibility of computer generated evidence in nigeria, by. The law and practice of evidence in nigeria, sidon printers, ibadan, 2001. Evidence in other proceedings amounting to a confession is admissible.
Nigerian evidence act 2011 nigerian law intellectual. Laws of malaysia act 56 evidence act 1950 arrangement of sections part i relevancy chapter i preliminary section 1. The evidence actpdf icrc databases on international. Therefore, there is paucity of he admissibility of electronic evidence in nigeria or the use of electronic evidence in legal proceedings. E14, laws of the federation of nigeria, and enacts a new evidence act, which shall apply to all judicial proceedings in or before courts in nigeria. Admissibility of electronically generated evidence in nigeria. The law of evidence in nigeria is a replica of the english law of evidence around 1943. An act to provide a unified legal frame work for the fair and efficient settlement of commercial disputes by arbitration and conciliation. Critical analysis of corroboration under the nigerian law of evidence includes abstract and chapter one, complete project material available critical analysis of corroboration under the nigerian law of evidence there is no law that says the plaintiff or the prosecution must bring a million witnesses or evidence to court before he can succeed in his case. It should be noted that our section 842 is very similar to the position in england on the admissibility of computer generated evidence. The act applies to all judicial proceedings in or before any court established in the federation of nigeria and provisions to replace the archaic provisions of the repealed evidence act. Thus in r v spilby 1991 crim lr, 199 it was held that the computer print out were real evidence.
Evidence act 2004 ni federal register of legislation. The study found that under the evidence act, 2011, a child of fourteen years is permitted to give sworn evidence while children below fourteen years give unsworn evidence. Hi fellow law students, i have uploaded lecture notes in pdf format containing the ebook notes for the subject law of evidence for llb and ba. Evidence act arrangement of sections part i preliminary short title and interpretation section 1. Annotated provides interpretation, commentary and analysis of each section of the law of evidence act, as well as relevant case law. Evidence in nigeria was written by lawal ibironke network computer security pdf maryam. E14, laws of the federation of nigeria, and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. Remoral of incapacity to tstity from crime or mteresr 3. It was made applicable in nigeria on 1st of june 1945.
Relevance and admissibility of evidence under the evidence act by hon. Every person is generally a competent witness until proven otherwise but not everyone can be compelled to give evidence. Shortly after the national assembly passed into law, the evidence act 2011. They prefer to invest their idle time to talk or hang out. Perspectives from nigeria covenant university repository. Femi gbajabiamila, on wednesday met with the minister of power, mr. Schedule first schedule forms second schedule marriage act an act to make provisions for the celebration of marriages. Evidence may be given of facts in issue and relevant facts 6. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Court, give his evidence from the witness box or other place from which the other witnesses give their evidence. Evidence act 2011 december 20, 20 bob aroture back to laws and treaties evidence act, 2011 arrangement of sections section. C 1s not admissible in a court of law m nigeria by virtue of the. Full advanced text search, for sections and keywords. The nigerian evidence act 2011 tomiwa olasiyans blog.
Part i general 1 evidence may be given of facts in issue and relevant facts. Evidence act, 2011 this act repeals the evidence act. The federal competition and consumer protection act was enacted by the national assembly in. December, 2019 new trademarks journal published in nigeria dated november 30, 2019 anticounterfeiting november 27, 2019. Provisions of the evidence act, 2011 on electronic proofs.
Evidence act 2011 including any amendment made under the. Sale mamman and the management of the national electricity reg. Thus, it could be said that the repeal of the old evidence act, cap e14 laws of the federation of nigeria 2004 hereinafter referred to simply as evidence act, cap e. The author adopted expository, analytical and comparative methods in conducting this research. Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of. Relevancy and admissibility of facts under nigerian law of. Prominent features of the book include an indepth discussion, backed with very current case and statutory law, of nagging issues in the law of evidence, like admissibility of computergenerated evidence generated from conventional computers, gsms, atm machines, internet. Regulatory implications for merger transactions in nigeria. Be that as it may, this section of the article will make use of a few nigerian cases which highlight the utility of electronic. Admissibility of computer generated evidence in nigeria. Relevancy of facts forming part of same transaction 7. Subject to any other law, evidence may be given in any suit or proceeding of the existence or nonexistence of every fact in issue, and of such other facts as are.
Evidence act 2011, laws of the federation of nigeria. The united kingdom, for instance, has the police and criminal evidence act, 1984 and the pace codes of practice which have provisions on evidence gathering including electronic evidence, canada. As shown in the paper, it was possible under section 5a of the repealed act for courts in nigeria to rely on common law rules of evidence to. The new evidence act enacted by the nigerian national assembly in june. The repealed evidence act was enacted by the colonial administration in 1943 and came into force in 1945.
Pdf an illumination of the concepts of corroborating. Aug 02, 20 the evidence act 2011 is a positive step in the direction of solving some of the problems identified in nigerias law of evidence. A very important introduction in the act is the provision of section 255 which empowers the minister of justice to make regulations prescribing further conditions in respect of the admissibility of any class of. This is not surprising since most of our legislations take a cue from that of england.
The new evidence act enacted by the nigerian national assembly in june 20111. Relevance and admissibility of evidence under the evidence. Femi gbajabiamila, on wednesday met with the minister of power. Presumption chapter ii relevancy of facts general 5. Law of evidence amendment act 45 of 1988 afrikaans text signed by the state president as amended by justice laws rationalisation act 18 of 1996 act to amend the law of evidence so as to provide for the taking of judicial notice of the law of a foreign state and of indigenous law. This is a republication of the evidence act 2011 including any amendment made under the. Similar fact evidence the makins case it is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment, for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or. Nigerian evidence act pdf of nigeria, and enacts a new evidence act, 2011 which applies to all. Competence and compellability of witnesses under the evidence. List of chapters of the laws of the federation of nigeria 2004 lfn 2004 the serial numbers of the chapters may not show properly on small screens like phones and some tablets. Evidence of character of the accused in criminal proceedings. Nigerian evidence act annotated in searchworks catalog. Doc competence and compellability of witnesses under the. This article focuses on section 84 of the evidence act, 2011 and it seeks to bring to fore the existing alternative to filing a certificate of complianceidentification when a counsel intends to tender a computer generated document in evidence during trial.
Evidence act, 2011 explanatory memorandum this act repeals the evidence act, cap. Many of the reference books were also written prior to the 2010. Statements by persons who cannot be called as witnesses. Mar, 2019 this act may be cited as the revised edition laws of the federation of nigeria act, 2007. Marriage act an act to make provisions for the celebration of marriages. Jun 22, 2012 most decided cases in nigeria 5 defined confession by reference to the provision of section 27 now section 28 of the evidence act, as an admission made by the accused stating or suggesting that he committed the crime which is the subject of the charge preferred against him. The speaker of nigerias house of representatives, rep. Laws of the federation of nigeria 1990 14 th march, 1998. You dealt with law 445, law of evidence i in the last session. December 2018, and subsequently signed into law by president muhammadu buhari in january 2019. Evidence act 2011 december 20, 20 bob aroture back to laws and treaties evidence act. The legislation history and amendment history of the republished law are set out in endnotes. Evidence act a tool against fraud 2 1 developments at european level 2 2 gaining access to business records and the director of corporate enforcement 2 3 the foreign dimension to the operation of the bankers books evidence act 1879 4 4 need to retain bankers books exemption to the exclusionary rules of evidence.
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