Law of Evidence in Nigeria : Practice and Procedure / Uchenna Ortuanya.

Format:

Book

Author/Creator:

Ortuanya, Uchenna, author.

Language:

English

Subjects (All):

Evidence (Law)--Nigeria.

Evidence (Law).

Physical Description:

1 online resource (455 pages)

Edition:

First edition.

Place of Publication:

Lagos, Nigeria : Malthouse Press Limited, [2021]

Summary:

This book, 'Law of Evidence in Nigeria: Practice and Procedure' by Professor Simon Uchenna Ortuanya, provides an in-depth analysis of the Evidence Act, 2011, and its implications for legal practice in Nigeria. It addresses the changes introduced by the new Act and aims to clarify the inconsistent interpretations by courts. The author, with extensive experience in teaching law, examines various aspects of evidence law, including relevancy, similar facts, confessions, hearsay, opinion evidence, and more. The book is structured into twenty-three chapters, each dealing with key topics like burden of proof, admissibility of electronic evidence, and documentary evidence. It is intended for legal professionals, including judges, lawyers, and law students, offering a comprehensive guide to understanding and applying evidence law in Nigeria. Generated by AI.

Contents:

Cover

Title page

Copyright page

DEDICATION

ACKNOWLEDGEMENTS

FOREWORD

CASES

STATUTES

CONTENTS

Chapter 1 - CONCEPTUAL ISSUES

1. Preliminary Considerations

2. Meaning of the Law of Evidence

3. Sources of the Nigeria Law of Evidence

4. Applicability of the Evidence Act

5. Human Rights and the Law of Evidence

6. Direct and Circumstantial Evidence

7. Real Evidence and Best Evidence

8. Proved facts, Disproved facts and facts not proven

Chapter 2 - RELEVANCE AND ADMISSIBILITY

1. Preliminary considerations

2. Facts in issue and facts relevant to the facts in issue

3. Facts forming part of the same transaction

4. Facts which are the occasion, causes or effects of the fact in issue

5. Facts Showing motive, preparation and prevision or subsequent conduct

6. Facts necessary to explain or introduce relevant facts

7. Things said or done by conspirators in reference to common intention

8. When facts not otherwise relevant become relevant

9. Certain facts are relevant in proceedings for damages

10. Facts showing existence of state of mind or of body or bodily feeling

11. Facts showing the existence of a course of business

Chapter 3 - EVIDENCE OF INTENTION, SIMILAR FACTS AND DEFENCE OF ACCIDENT

1. The General Rule

2. Exceptions to the rule against admission of similar facts

3. Evidence of intention

4. Similar facts and the defence of accident

Chapter 4 - IMPROPERLY OR ILLEGALLY OBTAINED EVIDENCE

1. The general rule

2. Admissibility of illegally obtained evidence

3. Wrongly admission and rejection of evidence

4. Discretionary powers of the court to admit evidence

5. Custody and weight of Evidence

Chapter 5 - ADMISSIONS

1. The General principle

2. Formal and informal admissions

3. Persons who can make admission

Chapter 6 - CONFESSION.

1. Definition and Nature of Confession

2. Confession obtained by oppression

3. Voluntariness and Burden of Proof of Confession

4. Confession and Co-accused

5. Confession under Secrecy, Deception or otherwise

6. Trial-within-trial and denial of authorship of Confessional Statement

7. Evidence of Confessions in other proceedings admissible

8. The Inconsistency Rule and the Judges' Rule

Chapter 7 - HEARSAY EVIDENCE

1. Definition of Hearsay

2. The general Rule

3. Exceptions to the Rule against Hearsay Evidence

Chapter 8 - OPINION EVIDENCE

1. The General rule

2. Exception to the General Rule

3. Opinion of Experts

4. Non-Expert Opinion

Chapter 9 - CHARACTER EVIDENCE

1. Meaning of Character

2. General Principle of Evidence of Character

3. Character Evidence In Civil Cases

Chapter 10 - PRESUMPTIONS

Introduction

Classifications of presumption

Chapter 11 - JUDICIAL NOTICE

1. General Principles

2. Judicial Notice Under Section 122 (2) Of The Act

3. Judicial Notice under Section 16 And 17 of the Act

4. Judicial Notice of Facts Which Are Notorious

5. Other Facts for Which Proof Is Not Required

Chapter 12 - ESTOPPEL

1. Meaning and Types of Estoppel in Nigerian Terms

2. Estoppel Simpliciter

3. Estoppel Per Rem Judicatam Or Res Judicata

4. Pre-Conditions for Application of Res Judicata

5. Cause of Action and Issue Estoppel

6. Estoppel By Deed

7. Estoppel By Agreement

8. Estoppel in Criminal Cases

Chapter 13 - PROOF OF CUSTOM

A. Definition of Custom

B. New Impetus for Judicial Notice of Custom

C. Proof of Custom by Evidence

Chapter 14 - BURDEN OF PROOF AND STANDARD OF PROOF

1. Facts Proved, Facts Disproved or Facts Not Proved

2. Burden of Proof

3. Burden of Proof in Civil Cases

4. Burden of Proof in Criminal Cases.

5. Standard of Proof

6. Standard of Proof in Civil Cases

7. Standard of Proof in Criminal Cases

8. Evaluation of Evidence

Chapter 15 - TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES

A. Introduction

B. Oath of Affirmation before Taking of Oral Evidence

C. Witness to Be Cautioned Before Giving Oral Evidence

D. Examination of Witnesses

Chapter 16 - ADMISSIBILITY OF STATEMENT MADE IN SPECIAL CIRCUMSTANCE

1. Introduction

2. Entries in books of account

3. Entry in public record made in performance of duty

4. Statement in Maps, Chart and Plans

5. Statements as to facts of a public nature contained in certain Act or Notifications

6. Certificate of specified government officers to be sufficient evidence in all criminal cases

7. Certificate of central bank officers as evidence in criminal cases

Chapter 17 - CORROBORATION

2. General Principles

3. Rational For the Corroboration Rule

4. Cases in Which Corroboration Is Required

5. Corroboration in Civil Proceedings

6. Nature of Corroboration

Chapter 18 - OFFICIAL AND PRIVILEGED COMMUNICATION

2. For Privileged Communication

3. Forms of Privileged Communications

Chapter 19 - COMPETENCE AND COMPELLABILITY

Who may testify?

Chapter 20 - DOCUMENTARY EVIDENCE

Meaning and Types of Document or Copy of a Document

A. Types of Documents

B. Proof of Public Documents

C. Proof of Execution of Documents

D. Admissibility of documentary evidence as to fact in issue

E. Relationship between oral and documentary evidence

Chapter 21 - PRIMARY AND SECONDARY DOCUMENTARY EVIDENCE

A. Primary documentary evidence

B. Secondary Evidence

C. Notice to produce

D. Proof that bank has made returns or been duly licensed

Chapter 22 - AFFIDAVIT EVIDENCE

A. Introduction.

B. What an Affidavit Should or Should Not Contain

C. Mandatory Provision in Taking Affidavit

D. Affidavit May Be By Declaration or Affirmation

E. Legal Effect of Unchallenged Facts in an Affidavit

F. Conflicts in Affidavit and How to Resolve Them

G. How Exhibits Attached To an Affidavit Are Treated

Chapter 23 - ADMISSIBILITY OF COMPUTER AND ELECTRONIC EVIDENCE

A. The Unsettled Old Order

B. Admissibility of Computer Generated Evidence

C. Condition Precedent for Admissibility of Electronic Evidence

D. Endorsed Certificate Raises Presumption of Genuineness

F. Weight To Be Attached To Admissible Statement

G. Need For Continuous Law Reform

Back cover.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789785972733

9785972739

OCLC:

1346351559