Section 39 Evidence Act 2011

Section 39 Evidence Act 2011

Section 39 Evidence Act 2011 is titled ‘Statements by persons who cannot be called as witnesses‘. It is under Part IV (HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY) of the Act. It states as follows:

Statements, whether written or oral of facts in issue or relevant facts made by a person –
a. who is dead;
b. who cannot be found;
c. who has become incapable of giving evidence; or
d. whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the court unreasonable, are admissible under section 40 to 50.

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at

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