Section 249 Evidence Act 2011
Section 249 Evidence Act 2011 is titled ‘Proof of previous conviction outside Nigeria‘. It is under Part XIII (EVIDENCE OF PREVIOUS CONVICTION) of the Act. It states as follows:
(1) A previous conviction in a place outside Nigeria may be proved by the production of a certificate purporting to be given under the hand of a police officer in the country where the conviction was had, containing a copy of the sentence or order and the finger prints of the person or photographs of the finger prints of the person so convicted, together with evidence that the finger prints of the person so convicted are those of the defendant.
(2) A certificate given under sub – section (1) of this section shall be prima facie evidence of all facts set out in it, without proof that the officer purporting to sign it did in fact sign it and was empowered to do so.
Section 248 Evidence Act 2011
Section 248 Evidence Act 2011 is titled ‘Proof of previous conviction‘. It is under Part XIII (EVIDENCE OF PREVIOUS CONVICTION) of the Act. It states as follows:
(1) Where it is necessary to prove a conviction for a criminal offence the same may be proved –
(a) by the production of a certificate of conviction containing the substance and effect of the conviction only, purporting to be signed by the registrar or other officer of the court in whose custody is the record of such conviction;
(b) if the conviction was before a customary court, by a similar certificate signed by the clerk of court or scribe of the court in whose custody is the record of such conviction; or
(c) by a certificate purporting to be signed by the Director of Prisons or officer in charge of the records of a prison in which the prisoner was confined giving the offence for which the prisoner was convicted, the date and the sentence.
(2) If the person alleged to be the person referred to in the certificate denies that he is such person the certificate shall not be put in evidence unless the court is satisfied by the evidence, that the individual in question and the person named in the certificate are the same.
Section 247 Evidence Act 2011
Section 247 Evidence Act 2011 is titled ‘Power of assessors to put questions‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
In cases tried with assessors, the assessors may put question to the witnesses, through or by leave of the judge, which the judge himself may put and which he considers proper.
Section 246 Evidence Act 2011
Section 246 Evidence Act 2011 is titled ‘Judge’s power to put questions or order production of documents, etc.‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
(1) The court, or any other person empowered by law to take evidence may, in order to clear up ambiguities or to clarify points which have been left obscure in the evidence given by any witness, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order or, without the leave of the court, to cross – examine any witness upon any answer given in reply to any such question:
(2) The question referred to in subsection 1 must be based upon facts declared by this Act to be relevant, and duly proved;
(3) A judge shall not under this section compel any witness to answer any question or to produce any document which such witness would be entitled to refuse to answer or produce under this Act, if the question were asked or the documents were called for by the adverse party; nor shall the judge ask any question which it would be improper for any person to ask under section 224 or 225 of this Act nor shall the judge dispense with primary evidence of any document, except in the cases excepted in preceding sections of this Act.
Section 245 Evidence Act 2011
Section 245 Evidence Act 2011 is titled ‘Using, as evidence, of document production of which was refused on notice‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the court.
Section 244 Evidence Act 2011
Section 244 Evidence Act 2011 is titled ‘Giving as evidence document called for and produced on notice‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.
Section 243 Evidence Act 2011
Section 243 Evidence Act 2011 is titled ‘Exclusion of evidence on grounds of public interest‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
(1) A Minister, or in respect of matters to which the executive authority of a State extends, the Governor or any person nominated by him, may in any proceedings object to the production of documents or request the exclusion of oral evidence when after consideration he is satisfied that the production of such document or the giving of such oral evidence is against public interest.
(2) Any such objection as mentioned in subsection (1) of this section shall if taken –
(a) Before trial, be by affidavit, or
(b) At the hearing, be by certificate produced by a public officer.
(3) The court shall have a discretion whether or not to uphold any such objection, and may in determining how to exercise its discretion, inspect such documents or be informed as to the nature of the oral evidence to which the objection relates.
Section 242 Evidence Act 2011
Section 242 Evidence Act 2011 is titled ‘Production of documents‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
(1) Subject to section 243 of this Act, a witness summoned to produce a document shall, if it is in his possession or power, bring it to court, notwithstanding any objection which there may be to its production or to its admissibility and the validity of any such objection shall be decided by the court.
(2) The court, if it sees fit, may inspect the document or take other evidence to enable it to determine on its admissibility.
(3) If for such a purpose, it is necessary to cause any document to be translated, the court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the translator disobeys such direction, he shall be held to have committed an offence under section 97(1) of the Criminal Code.
Section 241 Evidence Act 2011
Section 241 Evidence Act 2011 is titled ‘Right of adverse party as to writing used to refresh memory‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
Any writing referred to under sections 239 and 240 of this Act must be produced and shown to the adverse party if he requires it, and such party may, if he pleases, cross – examine the witness upon the writing.
Section 240 Evidence Act 2011
Section 240 Evidence Act 2011 is titled ‘Testimony to facts stated in document mentioned in section 239‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
A witness may also testify to facts mentioned in any such document as is mentioned in section 239 of this Act, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.