Section 258 Evidence Act 2011

Section 258 Evidence Act 2011

Section 258 Evidence Act 2011 is titled ‘Interpretation‘. It is under Part XVI (MISCELLANEOUS AND SUPPLEMENTAL) of the Act. It states as follows:

(1) In this Act, unless where the context otherwise requires –
“Bank” or “banker” means a bank licensed under the Banks and Other Financial Institutions Act 1991 and includes anybody authorised under an enactment to carry on banking business;

“banker’s books” (and related expressions) includes ledgers, day – books, cash – books, account books and all other books used in banking business whether kept in the written form or as printouts of data stored electronically;

“Banking business” has the meaning assigned to it in the Banks and Other Financial Institutions Act;

“The Constitution” means the Constitution of the Federal Republic of Nigeria 1999;

“Copy of a document” includes –
(a) in the case of a document falling within paragraph (b) but not (c) of the definition of “document” in this subsection, a transcript of the sounds or other data embodied in it;
(b) in the case of a document falling within paragraph (b) but not (c) of that definition, a reproduction or still reproduction of the image or images embodied in it whether enlarged or not;
(c) in the case of a document falling within both those paragraphs, such a transcript together with such a still reproduction; and
(d) in the case of a document not falling within the said paragraph (c) of which a visual image is embodied in a document falling within that paragraph, a reproduction of that image, whether enlarged on not,
(e) and any reference to a copy of the material part of a document shall be construed accordingly;

“computer” means any device for storing and processing information, and any reference to information being derived from other information is a reference to its being derived from it by calculation, comparison or any other process;

“Court” includes all judges and magistrates and, except arbitrators, all persons legally authorised to take evidence;

“Custom” is a rule which, in a particular district, has, from long usage, obtained the force of law;

“Document” includes –
(a) books, maps, plans, graphs, drawings, photographs, and also includes any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of these means, intended to be used or which may be used for the purpose of recording that matter;
(b) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it,
(c) any film, negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; and
(d) any device by means of which information is recorded, stored or retrievable including computer output.

“Fact” includes –
(a) any thing, state of things, or relation of things, capable of being perceived by the senses;
(b) any mental condition of which any person is conscious;

“Fact in issue” includes any fact from 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 proceeding necessarily follows;

“Film” includes a microfilm;

“Financial institution” has the meaning assigned to “other financial institution” by the Banks and Other Financial Institutions Act, 1991

“Person interested” means any person likely to be personally affected by the outcome of a proceeding;

“Public service of the Federation or of a State” has the meaning assigned in the Constitution; and “public officer” shall be construed accordingly;

“real evidence” means anything other than testimony admissible hearsay or a document the contents of which are offered as evidence of a fact at a trial, which is examined by the court as a means of proof of such fact;

“Statement” includes any representation of fact whether made in words or otherwise;

“Wife” and “husband” mean respectively the wife and husband of a marriage validly contracted under the Marriage Act, or under Islamic law or a Customary law applicable in Nigeria, and includes any marriage recognised as valid under the Marriage Act.

(2) In this Act, unless the context otherwise requires, any reference to a section or other provision of the Criminal Code Act or the Criminal Procedure Act shall, as the case may be, be construed as including a reference to the corresponding section or provision of the Criminal Code Law or Penal Code Law or the Criminal Procedure Code Law of a State or, in respects of the Federal Capital Territory, Abuja, the Penal Code Act or the Criminal Procedure Code Act, whichever may be appropriate.

Section 257 Evidence Act 2011

Section 257 Evidence Act 2011

Section 257 Evidence Act 2011 is titled ‘Repeal and savings‘. It is under Part XVI (MISCELLANEOUS AND SUPPLEMENTAL) of the Act. It states as follows:

(1) The Evidence Act cap E14, Laws of the Federation of Nigeria, 2004 is hereby repealed.
(2) Nothing in this Act shall affect any proceedings commenced before the coming into force of this Act.

Section 256 Evidence Act 2011

Section 256 Evidence Act 2011

Section 256 Evidence Act 2011 is titled ‘Application‘. It is under Part XVI (MISCELLANEOUS AND SUPPLEMENTAL) of the Act. It states as follows:

(1) This Act shall apply to all judicial proceedings in or before any court established in the Federal Republic of Nigeria but it shall not apply to –
(a) proceedings before an arbitrator; or
(b) a field general court martial;
(c) judicial proceedings in any civil cause or matter in or before any Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary Court unless any authority empowered to do so under the Constitution, by order published in the Gazette, confers upon any or all Sharia Courts of Appeal, Customary Courts of Appeal, Area Courts or Customary Courts in the Federal Capital Territory Abuja or a State, as the case may be, power to enforce any or all the provisions of this Act.

(2) In judicial proceedings in any criminal cause or matter in or before an Area Court, the court shall be guided by the provisions of this Act and in accordance with the provisions of the Criminal Procedure Code Law.

(3) Notwithstanding anything in this section, an Area Court shall, in judicial proceedings in any criminal cause or matter, be bound by the provisions of sections 134 to 140.

Section 255 Evidence Act 2011

Section 255 Evidence Act 2011

Section 255 Evidence Act 2011 is titled ‘Regulations‘. It is under Part XVI (MISCELLANEOUS AND SUPPLEMENTAL) of the Act. It states as follows:

The Minister charged with responsibility for justice may, from time to time, make regulations generally prescribing further conditions with respect to admissibility of any class of evidence that may be relevant under this Act.

Section 254 Evidence Act 2011

Section 254 Evidence Act 2011

Section 254 Evidence Act 2011 is titled ‘Orders for production of prisoners‘. It is under Part XV (SERVICE AND EXECUTION THROUGH OUT NIGERIA OF PROCESS TO COMPEL THE ATTENDANCE OF WITNESSES BEFOREAPPLIED TO ALL JUDICIAL PROCEEDINGS IN OR BEFORE COURTS IN NIGERIA) of the Act. It states as follows:

(1) Where it appears to any court of a State or of the Federal Capital Territory, Abuja that the attendance before the court of a person who is undergoing sentence in any State or the Federal Capital Territory, Abuja is necessary for the purpose of obtaining evidence in any proceeding before the court, the court may issue an order directed to the superintendent or officer in charge of the prison or place where the person is undergoing sentence requiring him to produce the person at the time and place specified in the order.

(2) Any order made under this section may be served upon the superintendent or officer to whom it is directed in any State or the Federal Capital Territory, Abuja, he may be and he shall thereupon produce in such custody as the superintendent or officer thinks fit, the person referred to in the order at the time and place specified in it.

(3) The court before which any person is produced in accordance with an order issued under this section may make such order as to the costs of compliance with this order as may seem just to the court.

Section 253 Evidence Act 2011

Section 253 Evidence Act 2011

Section 253 Evidence Act 2011 is titled ‘Subpoena or witness summons may be served in another State‘. It is under Part XV (SERVICE AND EXECUTION THROUGH OUT NIGERIA OF PROCESS TO COMPEL THE ATTENDANCE OF WITNESSES BEFOREAPPLIED TO ALL JUDICIAL PROCEEDINGS IN OR BEFORE COURTS IN NIGERIA) of the Act. It states as follows:

(1) When a subpoena or summons has been issued by any court in any State or in the Federal Capital Territory, Abuja or by the Federal High Court in the exercise of its civil jurisdiction in accordance with any power conferred by law requiring any person to appear and give evidence or to produce books or documents in any proceeding, such subpoena or summons may upon proof that the testimony of such person or the production of such books or documents is necessary in the interests of justice by leave of such court on such terms as the court may impose be served on such person in any other State or the Federal Capital Territory, Abuja.

(2) If a person upon whom a subpoena or summons has been served in accordance with subsection (1) of this section fails to attend at the time and place mentioned in such subpoena or summons such court may on proof that the subpoena or summons was duly served on such person and that the sum prescribed by law was tendered to him for his expenses, issue such warrant for the apprehension of such person as such court might have issued if the subpoena or summons had been served in the State or the Federal Capital Territory, Abuja in which it was issued.

(3) Such warrant may be executed in such other State or the Federal Capital Territory, Abuja in the manner provided in Chapter 12 of the Criminal Procedure Act, in the case of warrants issued for the apprehension of persons charged with an offence.

Section 252 Evidence Act 2011

Section 252 Evidence Act 2011

Section 252 Evidence Act 2011 is titled ‘Interpretation of “court” in this Part‘. It is under Part XV (SERVICE AND EXECUTION THROUGH OUT NIGERIA OF PROCESS TO COMPEL THE ATTENDANCE OF WITNESSES BEFOREAPPLIED TO ALL JUDICIAL PROCEEDINGS IN OR BEFORE COURTS IN NIGERIA) of the Act. It states as follows:

In this Part –
“Court” means a High Court or a magistrate’s court and courts of similar jurisdiction.

Section 251 Evidence Act 2011

Section 251 Evidence Act 2011

Section 251 Evidence Act 2011 is titled ‘Wrongful admission or exclusion of evidence‘. It is under Part XIV (WRONGFUL ADMISSION AND REJECTION OF EVIDENCE) of the Act. It states as follows:

(1) The wrongful admission of evidence shall not of itself be a ground for the reversal of any decision in any case where it shall appear to the court on appeal that the evidence so admitted cannot reasonably be held to have affected the decision and that such decision would have been the same if such evidence had not been admitted.

(2) The wrongful exclusion of evidence shall not of itself be a ground for the reversal of any decision in any case if it shall appear to the court on appeal that had the evidence excluded been admitted it may reasonably be held that the decision would have been the same.

(3) In this section the term “decision” includes a judgment, order, finding or verdict.

Section 250 Evidence Act 2011

Section 250 Evidence Act 2011

Section 250 Evidence Act 2011 is titled ‘Additional mode of proof in criminal proceedings of a previous conviction‘. It is under Part XIII (EVIDENCE OF PREVIOUS CONVICTION) of the Act. It states as follows:

(1) A previous conviction may be proved against any person in any criminal proceedings by the production of such evidence of the conviction as is mentioned in this section, and by showing that his finger prints and those of the person convicted are the finger prints of the same person.

(2) A certificate –
(a) purporting to be signed by or on behalf of the central registrar; and
(b) containing particulars relating to a conviction extracted from the criminal records kept by him or a photographic copy certified as such of particulars relating to a conviction as entered in the said records; and
(c) certifying that the copies of the finger print exhibited to the certificate are copies of the finger prints appearing from the said record to have been taken from the person convicted on the occasion of the conviction, shall be evidence of the conviction and evidence that the copies of the finger prints exhibited to the certificate are copies of the finger prints of the person convicted.

(3) A certificate –
(a) purporting to be signed by or on behalf of the superintendent of a prison in which any person has been detained in connection with any criminal proceedings or by a police officer who has had custody of any person charged with an offence in connection with any such proceedings; and
(b) certifying that the finger prints exhibited to it were taken from such person while he was so detained or was in such custody as mentioned in paragraph (a), shall be evidence in those proceedings that the finger prints exhibited to the certificate are the finger prints of that person.

(4) A certificate –
(a) purporting to be signed by or on behalf of the central registrar; and
(b) certifying that the finger prints –
(i) copies of which are certified as mentioned in this section by or on behalf of the central registrar to be copies of the finger prints of a person previously convicted, and
(ii) certified by or on behalf of the superintendent of the prison or the police officer as mentioned in this section or otherwise shown to be the finger prints of the person against whom the previous conviction is sought to be proved are the finger prints of the same person shall be evidence of the matter so certified.

(5) The method of proving a previous conviction authorised by this section shall be in addition to any other method authorised by law for proving such conviction.

(6) For the purposes of this section, “the central registrar” means the person in charge of the principal registry of criminal records established under the Prevention of Crimes Act.