Nigerian Evidence Act 2011

Evidence Act 2011

The Evidence Act 2011 is an act for the Federal Republic of Nigeria that regulates the admissibility, relevance and other processes relating to the use of evidences in a legal proceeding.

It is important to note that the proving of a fact in court relies on evidences. Therefore, awareness of the law as it relates to the acceptable procedure for administering evidences before a court is of crucial importance.

Below are the headings of the provisions of the Nigerian Evidence Act 2011, and links to see in details.

(Section 1 – 3) PART I- GENERAL

Section 1 Evidence Act 2011Evidence may be given of facts in issue and relevant facts.

Section 2 Evidence Act 2011Evidence in accordance with section 1 generally admissible.

Section 3 Evidence Act 2011Admissibility of evidence under other legislation.

(Section 4 – 13) PART II- RELEVANCY

Section 4 Evidence Act 2011Relevance of facts forming part of same transaction.

Section 5 Evidence Act 2011Facts which are the occasion, cause or effect or facts in issue.

Section 6 Evidence Act 2011Motive, preparation and previous or sub-sequent conduct.

Section 7 Evidence Act 2011Facts necessary to explain or introduce relevant facts.
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Section 8 Evidence Act 2011Things said or done by conspirator in reference to common intention.
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Section 9 Evidence Act 2011When facts not otherwise relevant become relevant.

Section 10 Evidence Act 2011Certain facts relevant in proceedings for damages.

Section 11 Evidence Act 2011Facts showing existence of state of mind, body or bodily feeling.

Section 12 Evidence Act 2011Facts bearing on question whether act was accidental or intentional.

Section 13 Evidence Act 2011Existence of course of business when relevant.

(Section 14-36) PART III- RELEVANCE AND ADMISSIBILITY OF EVIDENCE

Section 14 Evidence Act 2011Discretion to exclude improperly obtained evidence.

Section 15 Evidence Act 2011Matters court to take into account under section 14.

Section 16 Evidence Act 2011What customs admissible.

Section 17 Evidence Act 2011Judicial notice of custom.

Section 18 Evidence Act 2011Evidence of customs.

Section 19 Evidence Act 2011Relevant facts as to how matter alleged to be custom understood.

Section 20 Evidence Act 2011Admission defined.

Section 21 Evidence Act 2011Admission by privies.

Section 22 Evidence Act 2011Admissions by persons whose position must be proved as against party to suit.

Section 23 Evidence Act 2011Admissions by persons expressly referred to by party to suit.

Section 24 Evidence Act 2011Proof of admissions against persons making them, and by or on their behalf.

Section 25 Evidence Act 2011When oral admissions as to contents of documents are relevant.

Section 26 Evidence Act 2011Admissions in civil cases, when relevant.

Section 27 Evidence Act 2011Admissions not conclusive proof; but may estop.

Section 28 Evidence Act 2011Confession defined.

Section 29 Evidence Act 2011When confession is relevant.

Section 30 Evidence Act 2011Facts discovered in consequence of information given by defendant.

Section 31 Evidence Act 2011Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

Section 32 Evidence Act 2011Evidence in other proceedings amounting to a confession is admissible.

Section 33 Evidence Act 2011What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers.

Section 34 Evidence Act 2011Weight to be attached to admissible statements.
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Section 35 Evidence Act 2011Acts of possession and enjoyment of land may be evidence.
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Section 36 Evidence Act 2011Evidence of scienter upon charge of receiving stolen property.
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(Section 37 – 82) PART IV – HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY

Section 37 Evidence Act 2011Hearsay defined.

Section 38 Evidence Act 2011Hearsay rule.

Section 39 Evidence Act 2011Statements by persons who cannot be called as witnesses.

Section 40 Evidence Act 2011Statements relating to cause of death.

Section 41 Evidence Act 2011Statements made in the course of business.

Section 42 Evidence Act 2011Statement against interest of maker with special knowledge.

Section 43 Evidence Act 2011Statements of opinions as to public right or custom and matters of general interest.

Section 44 Evidence Act 2011
Statements relating to rile existence of a relationship.

Section 45 Evidence Act 2011
Declarations by testators.

Section 46 Evidence Act 2011
Admissibility of certain evidence for proving, in subsequent proceeding, the truth of facts stated in it.

Section 47 Evidence Act 2011
When statement made under any criminal procedure legislation may be used in evidence.

Section 48 Evidence Act 2011
Statement of defendant at preliminary investigation or coroner’s inquest.

Section 49 Evidence Act 2011
– Admission of written statements of investigating police officers in certain cases.

Section 50 Evidence Act 2011
Absence of public officers.

Section 51 Evidence Act 2011
– Statements made in special circumstances entries in books of account.

Section 52 Evidence Act 2011
Entry in public records made in performance of duty.

Section 53 Evidence Act 2011
Statements in maps, charts and plans.

Section 54 Evidence Act 2011
– Statement as to fact of public nature contained in certain acts or notifications.

Section 55 Evidence Act 2011
– Certificates of specified government officers to be sufficient evidence in all criminal cases.

Section 56 Evidence Act 2011
– Certificates of Central Bank officers as evidence in criminal cases.

Section 57 Evidence Act 2011
Service of certificates on other party before hearing,

Section 58 Evidence Act 2011
– Genuineness of certificates to be presumed

Section 59 Evidence Act 2011
– Previous judgments admissible to bar a second suit or trial.

Section 60 Evidence Act 2011
– Admissibility of certain Judgments in certain jurisdictions,

Section 61 Evidence Act 2011
– Admissibility and effect of judgments other than those mentioned in section 60,

Section 62 Evidence Act 2011
– Judgment, etc, other than those mentioned in sections 59 to 61, when admissible,

Section 63 Evidence Act 2011
– Conviction as evidence in civil proceedings,

Section 64 Evidence Act 2011
Fraud or collusion in obtaining judgment, or non-jurisdiction of court, may be proved,

Section 65 Evidence Act 2011
– Judgment conclusive in favour of judge,

Section 66 Evidence Act 2011
– Family or communal tradition admissible in land cases

Section 67 Evidence Act 2011
– Opinion inadmissible except as provided in this Act.

Section 68 Evidence Act 2011
– Opinions of experts, when admissible,

Section 69 Evidence Act 2011
– Opinions as to foreign law,

Section 70 Evidence Act 2011
– Opinions as to customary law and custom,

Section 71 Evidence Act 2011
– Facts bearing upon opinions of experts

Section 72 Evidence Act 2011
– Opinion as to handwriting, when admissible,

Section 73 Evidence Act 2011
– Opinion as to existence of “general custom or right” when admissible

Section 74 Evidence Act 2011
– Opinions as to usages and tenets, when admissible

Section 75 Evidence Act 2011
Opinion on relationship, when admissible,

Section 76 Evidence Act 2011
– Grounds of opinion when admissible,

Section 77 Evidence Act 2011
Character defined

Section 78 Evidence Act 2011
– In civil cases, evidence of character generally inadmissible.

Section 79 Evidence Act 2011
– Character as affecting damages,

Section 80 Evidence Act 2011
In libel and slander, notice must be given of evidence of character

Section 81 Evidence Act 2011
In criminal cases evidence of good character admissible

Section 82 Evidence Act 2011
Evidence of character of the accused in criminal proceedings,

(Section 83 – 120) PART V – DOCUMENTARY EVIDENCE

Section 83 Evidence Act 2011
– Admissibility of documentary evidence as to facts in issue,

Section 84 Evidence Act 2011
– Admissibility of statement in document produced by computers

Section 85 Evidence Act 2011
Proof of contents of documents.

Section 86 Evidence Act 2011
– Primary evidence.

Section 87 Evidence Act 2011
– Secondary evidence

Section 88 Evidence Act 2011
– Proof of documents by primary evidence

Section 89 Evidence Act 2011
– Cases in which secondary evidence relating to document.

Section 90 Evidence Act 2011
– Nature of secondary evidence admissible under section 89

Section 91 Evidence Act 2011
– Rules as to notice to produce.

Section 92 Evidence Act 2011
– Proof that bank has made returns or been duly licensed,

Section 93 Evidence Act 2011
– Proof of signature and handwriting and electronic signature.

Section 94 Evidence Act 2011
– Identification of person signing a document

Section 95 Evidence Act 2011
– Evidence of sealing and delivery of a document

Section 96 Evidence Act 2011
– Proof of instrument to the validity of which attestation is necessary

Section 97 Evidence Act 2011
– Admission of execution by part to attested document.

Section 98 Evidence Act 2011
– Cases in which proof of execution or of handwriting unnecessary.

Section 99 Evidence Act 2011
– Proof when attesting witness denies the execution

Section 100 Evidence Act 2011
– Proof of document not required by law to be attested.

Section 101 Evidence Act 2011
Comparison of signature, writing, seal or finger impressions with others admitted or proved.

Section 102 Evidence Act 2011
Public documents.

Section 103 Evidence Act 2011
Private documents.

Section 104 Evidence Act 2011
Certified copies of public documents.

Section 105 Evidence Act 2011
– Proof of documents by production of certified copies.

Section 106 Evidence Act 2011
Proof of other official documents.

Section 107 Evidence Act 2011
Court may order proof by affidavit.

Section 108 Evidence Act 2011
Affidavit to be filled.

Section 109 Evidence Act 2011
Affidavit sworn in Nigeria.

Section 110 Evidence Act 2011
Proof of document not required by law to be attested.

Section 111 Evidence Act 2011
Proof of seal and signature.

Section 112 Evidence Act 2011
Affidavit not to be sworn before certain persons.

Section 113 Evidence Act 2011
Affidavit defective in form.

Section 114 Evidence Act 2011
Amendment and re-swearing of affidavit.

Section 115 Evidence Act 2011
Contents of affidavits.

Section 116 Evidence Act 2011
Conflicting affidavits,

Section 117 Evidence Act 2011
Form of affidavits.

Section 118 Evidence Act 2011
Provisions as to altered affidavit.

Section 119 Evidence Act 2011

Section 119 Evidence Act 2011
Jurat.

Section 120 Evidence Act 2011
Declaration without oath may be taken.

(Section 121-124) PART VI -PROOF

Section 121 Evidence Act 2011
Proof of facts.

Section 122 Evidence Act 2011
Facts of which COURT must take judicial notice need not to proved.

Section 123 Evidence Act 2011
Facts admitted need to be proved

Section 124 Evidence Act 2011
Facts of common knowledge need not be proved.

(Section 125-127) PART VII – ORAL EVIDENCE AND THE INSPECTION OF REAL EVIDENCE

Section 125 Evidence Act 2011
Proof of facts by oral evidence.

Section 126 Evidence Act 2011
– Oral evidence must be direct.

Section 127 Evidence Act 2011
Inspection when oral evidence refers to real evidence.

(Section 128-130) PART VIII – EXCLUSION OF ORAL BY DOCUMENTARV EVIDENCE

Section 128 Evidence Act 2011
Evidence of terms of judgments, contracts, grants and other dispositions of property reduced to a documentary form.

Section 129 Evidence Act 2011
Evidence as to interpretation of documents

Section 130 Evidence Act 2011
Application of this Part.

(Section 131-144) PART IX – PRODUCTION AND EFFECT OF EVIDENCE

Section 131 Evidence Act 2011
Burden of proof.

Section 132 Evidence Act 2011
On whom burden of proof lies.

Section 133 Evidence Act 2011
– Burden of proof in civil cases

Section 134 Evidence Act 2011
Standard of proof in civil cases.

Section 135 Evidence Act 2011
Standard of proof where commission of crime in issue and burden where guilt of crime, etc. asserted.

Section 136 Evidence Act 2011
Burden of proof as to particular fact.

Section 137 Evidence Act 2011
– Standard of proof where burden of proving fact, etc. placed on defendant by law.

Section 138 Evidence Act 2011
Burden of proving fact necessary to be proved to make evidence admissible.

Section 139 Evidence Act 2011
Burden of proof in criminal cases

Section 140 Evidence Act 2011
Proof of facts especially within knowledge.

Section 141 Evidence Act 2011
Exceptions need not be proved by prosecution.

Section 142 Evidence Act 2011
Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent.

Section 143 Evidence Act 2011
Burden of proof as to ownership

Section 144 Evidence Act 2011
Proof of good faith in transactions where one party is in relation of active confidence.

(Section 145-174) PART X – PRESUMPTIONS AND ESTOPPEL

Section 145 Evidence Act 2011
– Rules as to presumptions by the court.

Section 146 Evidence Act 2011
Presumption as to genuineness of certified copies

Section 147 Evidence Act 2011
Presumption as to documents produced as record of evidence.

Section 148 Evidence Act 2011
Presumption as to gazettes, newspapers, Acts of the National Assembly and other documents.

Section 149 Evidence Act 2011
Presumption as to document admissible in other countries without proof or seal or signature.

Section 150 Evidence Act 2011
Presumption as to powers of attorney

Section 151 Evidence Act 2011
Presumption as to public maps and charts.

Section 152 Evidence Act 2011
Presumption as to books.

Section 153 Evidence Act 2011
Presumption as to telegraphic and electronic messages.

Section 154 Evidence Act 2011
– Presumption as to due execution of documents not produced.

Section 155 Evidence Act 2011
Presumption as to handwriting, etc. in documents twenty years old.

Section 156 Evidence Act 2011
Proper custody defined.

Section 157 Evidence Act 2011
Presumption as to date of documents

Section 159 Evidence Act 2011
– Presumption as to sealing and delivery.

Section 158 Evidence Act 2011
Presumption as to sealing and delivery.

Section 160 Evidence Act 2011
Presumption as to alternative

Section 161 Evidence Act 2011
Presumption as to age of parties to a conveyance or instrument.

Section 162 Evidence Act 2011
Presumption as to statements in documents twenty years old.

Section 163 Evidence Act 2011
Presumption as to deeds of corporation.

Section 164 Evidence Act 2011
Presumption of death from seven years absence and other facts.

Section 165 Evidence Act 2011
– Presumption of legitimacy

Section 166 Evidence Act 2011
Presumption of marriage.

Section 167 Evidence Act 2011
Court may presume existence of certain facts.

Section 168 Evidence Act 2011
Presumptions of regularity and of deeds to complete title.

Section 169 Evidence Act 2011
Estoppel.

Section 170 Evidence Act 2011
Estoppel of tenant; and of licensee of person in possession.

Section 171 Evidence Act 2011
Estoppel of bailee, agent and licensee.

Section 172 Evidence Act 2011
Estoppel of person signing Act of lading.

Section 173 Evidence Act 2011
Judgment conclusive of facts forming ground of judgment.

Section 174 Evidence Act 2011
Effect of judgment not pleaded as estoppel.

(Section 175 – 204) PART XI – WITNESSES

Section 175 Evidence Act 2011
Who may testify.

Section 176 Evidence Act 2011
Dumb witnesses

Section 177 Evidence Act 2011
Cases in which banker or officers representing other financial institutions not compellable to produce books.

Section 178 Evidence Act 2011
– Parties to civil suits and their wives or husbands.

Section 179 Evidence Act 2011
Competence in criminal cases

Section 180 Evidence Act 2011
Competence of person charged to give evidence

Section 181 Evidence Act 2011
Comment on failure by defendant to give evidence.

Section 182 Evidence Act 2011
Evidence by husband or wife, when compellable.

Section 183 Evidence Act 2011
Witness not to be compellable to incriminate himself

Section 184 Evidence Act 2011
Production of title deeds or other documents of witness not a party

Section 185 Evidence Act 2011
Production of documents which another person could refuse to produce.

Section 186 Evidence Act 2011
Evidence by spouse as to adultery.

Section 187 Evidence Act 2011
Communications during marriage.

Section 188 Evidence Act 2011
Compellability, of justices etc. or the persons before whom the proceeding is being held.

Section 189 Evidence Act 2011
Restriction on disclosure as to source of information in respect of commission of offences.

Section 190 Evidence Act 2011
Evidence as to affairs of State.

Section 191 Evidence Act 2011
Official communication.

Section 192 Evidence Act 2011
Professional communication between client and legal practitioner

Section 193 Evidence Act 2011
Section 192 to apply to interpreters and clerks.

Section 194 Evidence Act 2011
Privilege not waived by volunteering evidence.

Section 195 Evidence Act 2011
Confidential communication with legal advisers.

Section 196 Evidence Act 2011
Statements in documents marked “without prejudice”

Section 197 Evidence Act 2011
Corroboration in actions for breach of promise of marriage.

Section 198 Evidence Act 2011
Accomplice.

Section 199 Evidence Act 2011
Co-defendant not an accomplice.

Section 200 Evidence Act 2011
Number of witnesses.

Section 201 Evidence Act 2011
Treason and treasonable offences.

Section 202 Evidence Act 2011
Evidence on charge of perjury.

Section 203 Evidence Act 2011
Exceeding speed limit.

Section 204 Evidence Act 2011
Sedition.

(Section 205 – 247) PART XII -TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES

Section 205 Evidence Act 2011
Oral evidence to be on oath or affirmation

Section 206 Evidence Act 2011
Witness to be cautioned before giving oral evidence.

Section 207 Evidence Act 2011
Absence of religious belief does not invalidate oath.

Section 208 Evidence Act 2011
Cases in which evidence not given upon oath may be received.

Section 209 Evidence Act 2011
Unsworn evidence of child.

Section 210 Evidence Act 2011
Order of production and examination of witnesses.

Section 211 Evidence Act 2011
Court to decide as to admission of evidence

Section 212 Evidence Act 2011
Ordering witnesses out of court.

Section 213 Evidence Act 2011
Preventing communication with witnesses.

Section 214 Evidence Act 2011
Examination- in-chief, cross-examination and re-examination.

Section 215 Evidence Act 2011
Order and direction of examination.

Section 216 Evidence Act 2011
Cross-examination by co-defendant of prosecution witness.

Section 217 Evidence Act 2011
Cross-examination by co-defendant of witness called by a defendant.

Section 218 Evidence Act 2011
Production of documents without giving evidence.

Section 219 Evidence Act 2011
Cross-examination of person called to produce a document.

Section 220 Evidence Act 2011
Witnesses to character

Section 221 Evidence Act 2011
Leading question.

Section 222 Evidence Act 2011
Evidence as to matters in writing.

Section 223 Evidence Act 2011
Question lawful in cross-examination.

Section 224 Evidence Act 2011
Court to decide whether question shall be asked and when witness compelled to answer.

Section 225 Evidence Act 2011
Question not to be asked with out reasonable grounds.

Section 226 Evidence Act 2011
Procedure of court in case of question being asked without reasonable grounds.

Section 227 Evidence Act 2011
Indecent and scandalous questions.

Section 228 Evidence Act 2011
Questions intended to insult or annoy.

Section 229 Evidence Act 2011
Exclusion of evidence to contradict answers to questions testing veracity.

Section 230 Evidence Act 2011
How far a party may discredit his own witness.

Section 231 Evidence Act 2011
Proof of contradictory statement of hostile witness.

Section 232 Evidence Act 2011
Cross-examination as to previous statements in writing.

Section 233 Evidence Act 2011
Impeaching credit of witness.

Section 234 Evidence Act 2011
Special restrictions respecting permissible evidence in trial for sexual offences.

Section 235 Evidence Act 2011
Evidence of witness impeaching credit.

Section 236 Evidence Act 2011
Questions tending to render evidence of relevant fact more probable, admissible.

Section 237 Evidence Act 2011
Former statements of witness may be proved to show consistency.

Section 238 Evidence Act 2011
What matters may be proved in connection with proved statement relevant under sections 40 to 50.

Section 239 Evidence Act 2011
Refreshing memory.

Section 240 Evidence Act 2011
Testimony to facts stated in document mentioned in section 239

Section 241 Evidence Act 2011
Right of adverse party as to writing used to refresh memory.

Section 242 Evidence Act 2011
Production of documents

Section 243 Evidence Act 2011
Exclusion of evidence on grounds of public interest.

Section 244 Evidence Act 2011
Giving as evidence document called for and produced on notice.

Section 245 Evidence Act 2011
Using, as evidence, of document production of which was refused on notice.

Section 246 Evidence Act 2011
Judge’s power to put questions or order production of documents, etc.

Section 247 Evidence Act 2011
Power of assessors to put questions.

(Section 248 – 250) PART XIII – EVIDENCE OF PREVIOUS CONVICTION

Section 248 Evidence Act 2011
Proof of previous conviction.

Section 249 Evidence Act 2011
Proof of previous conviction outside Nigeria.

Section 250 Evidence Act 2011
Additional mode of proof in criminal proceedings of a previous conviction.

(Section 251) PART XIV – WRONGFUL ADMISSION AND REJECTION OF EVIDENCE

Section 251 Evidence Act 2011
Wrongful admission or exclusion of evidence.

(Section 252 – 254) 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

Section 252 Evidence Act 2011
Interpretation of “court” in this Part.

Section 253 Evidence Act 2011
Subpoena or witness summons may be served in another State.

Section 254 Evidence Act 2011
Orders for production of prisoners.

(Section 255 – 259) PART XVI – MISCELLANEOUS AND SUPPLEMENTAL

Section 255 Evidence Act 2011
Regulations

Section 256 Evidence Act 2011
Application.

Section 257 Evidence Act 2011
Repeal and savings.

Section 258 Evidence Act 2011
Interpretation.

Section 259 Evidence Act 2011
Citation.