Law of Evidence: Definition and Importance

• Evidence in the ordinary sense makes the truth or a matter apparent.

Definition and Importance of Law of Evidence

• Legal evidence possesses a deeper meaning with the Supreme Court defining judicial evidence as encompassing the means to prove a disputed fact, from ARUM V NWOBODO (2013) ALL FWLR (PT. 688) 870.
• Evidence in judicial proceedings includes oral, documentary, or real testimony legally received to prove or disprove a fact in dispute.

Definition and Importance of Law of Evidence Continued

• ONYA V OGBUJI (2011) ALL FWLR (PT. 556) describes evidence as any legally presented proof or probative matter at trial, through witnesses, records, documents, exhibits, meant to induce belief in the court’s or jury’s mind.
• Evidence in judicial proceedings includes oral and documentary forms, formal admissions, confessions, and matters judicially noticed by the court.

Evidence as Perceived by Different Scholars

• According to Phipson, evidence has two main meanings: the testimony (oral, documentary, real) legally received, and the content of the testimony.
• According to Cockle, judicial evidence aligns with the ordinary usage of the word as the means by which facts are established or made evident, requiring credibility and sufficiency to convince prudent minds.
• According to Michael Hirst, the rule of evidence encompasses broader functions like rules related to satisfaction methods of the court, including burden/standard of proof, and other evidentiary rules.

Evidence Through the Cases

• UNITED FOAM PRODUCTS (NIG) LTD V OPOBIYI (2012) emphasizes that facts are the origin and deciding factor in legal proceedings.
• Cases are determined by evidence led, bound by evidence before the court and judges must decide based on adduced evidence, avoiding extraneous matters, exemplified by NWOBODO V NWOBODO (1995).
• IGBIKIS V STATE (2017) asserts that court decisions must arise from record evidence, otherwise, it constitutes a miscarriage of justice.
• LADOJA V AJIMOBI (2016) emphasizes that a party must compile all evidence before court, otherwise, doing so after proceedings begin is seen as “fishing.”

Classification and Definition of Terms

• Primary evidence stands as the best or highest form, with the original document being paramount in documentary cases, from JACOB V ATTORNEY GENERAL AKWA IBOM STATE (2002).
• Secondary evidence may be presented when better evidence is absent when proper explanation of its absence is given, as per LUCAS V WILLIAMS (1892).
• Direct evidence is a witness’s account of what they saw and watched, requiring no presumption or inference, as seen in AHMED V STATE (2002).
• Indirect/circumstantial evidence doesn't directly prove a fact but gives rise to a logical inference that a certain fact exists as per IGABELE VSTATE (2005).

Classification and Definition of Terms Continued

• Direct evidence may not always be available, creating the need for circumstantial evidence, from P. UDO-DEBIA V. THE STATE (1967).
• Circumstantial evidence should lead to a cogent, strong, and unequivocal conclusion that connects the accused's actions to the event, illustrated in IDIOK V STATE (2008).
• Circumstantial evidence is admissible in both criminal and civil cases, with its necessity being more obvious in criminal cases such as IJIOFFOR V STATE (2001).

Documentary Evidence and Real Evidence

• Oral evidence occurs through statements or assertions by a witness which can also include through a dumb person if there is intelligibility.
• Documentary evidence consists of statements in a document, including books, plans, and photographs, per S. 258(1) E.A 2011.
• Real evidence consists of physical objects other than documents produced for court inspection, an instrument used in a crime, as defined by Nokes and S. 258(1) E.A 2011.

Hearsay Evidence AND Fact in Issue

• Hearsay evidence is second-hand, derivative, or transmitted evidence, FRN V USMAN (2012).
• A fact in issue is any relevant fact that either on its own or with other facts shows the existence, non-existence, nature, or extent of any right/liability/disability asserted or denied in a legal proceeding.
• AS per AMADI V AMADI (2017) Facts must be disputed to be considered "in issue".

Sources of the Nigerian Evidence Law

• Prior to 1945, the Nigerian courts applied the received English Law as of January 1, 1900, including common law, equity, and SOGA.
• The Evidence Ordinance 1943 served as the model codifying the Law of Evidence, based on Stpehen’s Digest, and remaining in force until 1990.
• The Evidence Act 2011, unlike its predecessors, restricts the admissibility of evidence in Nigerian courts to evidence admissible under valid Nigerian legislation, per S.3 E.A 2011.

Sources of Nigeria Law of Evidence Continued

• The sources include Evidence Act 2011, the Constitution, local Nigerian statutes/court rules, Natural Justice Principle, case law and judicial opinions of superior Nigerian courts, and regulatory practices by the AG-Section 255.

Superiority of the Evidence Act and Courts Bound by the Evidence Act

• The Evidence Act 2011 supersedes any other enactment regarding litigation procedures, per S.2 EA.
• BENJAMIN V KALIO (2018) asserts that any State Law conflicting with the Evidence Act is unconstitutional and void.
• The Evidence Act applies to all judicial proceedings in Nigeria, S.256 (1) Ε.Α 2011.
• Arbitrator and field general court martial proceedings are exempted from the Act’s application.