Section 138 Nigerian Evidence Act 2011
Section 138 Evidence Act 2011
Section 138 Evidence Act 2011 is titled ‘Burden of proving fact necessary to be proved to make evidence admissible‘. It is under Part IX (PRODUCTION AND EFFECT OF EVIDENCE) of the Act. It states as follows:
(1) The burden of proving any fact necessary to be proved in order to –
(a) enable a person to adduce evidence of some other fact; or
(b) prevent the opposite party from adducing evidence of some other fact, lies on the person who wishes to adduce, or to prevent the adduction of such evidence, respectively.
(2) The existence or non – existence of facts relating to the admissibility of evidence under this section is to be determined by the court.