Evidence Act
Chapter 112
Laws of the Federation of Nigeria 1990
Part I
Preliminary
Short title and interpretation
1. (1) This Act may be cited as the Evidence Act.
(2) This Act shall apply to all judicial proceedings in or before any court established in the Federal Republic of Nigeria but it shall not apply –
(a) to proceedings before an arbitrator; or
(b) to a field general court martial;
or
(c) to judicial proceedings in any civil cause or mater in or before any Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary Court unless the President, Commander-in-Chief of the Armed Forces or the Military Governor or Military Administrator of a State, by order published in the Gazette, confers upon any or all Sharia Courts of Appeal, Customary Courts of Appeal, Area Courts or Customary Courts in the Federal Capital Territory, Abuja or a State, as the case may be power to enforce any or all the provisions of this Act.
(3) In judicial proceedings in any criminal cause or matter in or before an Area Court, the Court shall be guided by the provisions of this Act and in accordance with the provisions of the Criminal Procedure Code Law.
(4) Notwithstanding any thing in this section, an Area Court shall, in Judicial Proceedings in any criminal cause or matter, be bound by the provisions of sections 138, 139, 140, 141, 142, and 143 of this Act.
2. (1) In this Act, except as the context otherwise requires -
"bank" and "banker" means any person, persons, partnership or company carrying on the business of bankers and also include any savings bank established under the Federal Savings Bank Act, and also any banking company incorporated under any charter heretofore or hereafter granted, or under any Act heretofore or hereafter passed relating to such incorporation;
"bankers books" - the expressions relating to bankers' books include ledgers, day books, cash books, account books and all other books used in the ordinary business of a bank;
"custom" is a rule which, in a particular district, has, for long usage, obtained the force of law;
"document" includes books, maps, plans, drawings, photographs and also includes any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of these means, intended to be used or which may be used for the purpose of recording that matter;
"fact" includes -
(a) any thing, state of things, or relation of things, capable of being perceived by the senses;
(b) any mental condition of which any person is conscious;
"fact in issue" includes any fact from which either by itself or in connection with other facts the existence, nonexistence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows;
"proceedings includes arbitrations under the Arbitration and Conciliation Act, and "court" shall be construed accordingly;
"statement" includes any representation of fact, whether made in words or otherwise;
"wife" and "husband" mean respectively the wife and husband of a monogamous marriage.
(2) A fact is said to be –
(a) proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, in the circumstances of the particular case, to act upon the supposition that it does exist;
(b) disproved" when, after considering the matters before it, the court either believes that it does not exist or considers its non existence so provinces of the particular case, to act upon the supposition that it does not exist;
(c) not proved when it is neither proved nor disproved.
(3) In judicial proceedings in any criminal cause or matter in or before an Area Court, the Court shall be guided by the provisions of this Act and in accordance with the provisions of the Criminal procedure Code Law.
(4) Notwithstanding anything in this section, an Area Court shall, in judicial proceedings in any criminal cause or matter, be bound by the provisions of sections 138,139,140,141,142 and 143 of this Act.
3. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
4. (1) Whenever it is provided by this Act that the court may presume a fact, it may either regard such fact as proved unless and until it is disproved, or may call for proof of it.
(2) Whenever it is directed by this Act that the court shall presume a fact, it shall regard such fact as proved unless and until it is disproved.
(3) When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
5. Nothing in this Act shall-
(a) prejudice the admissibility of any evidence which would apart from the provisions of this Act be admissible; or
(b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if this Act had not passed.
Part II
Relevancy
Relevance of Facts
6. Evidence may be given in any suit or proceeding of the existence or non existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others:
Provided that
(a) the court may exclude evidence of facts which, though relevant or deemed to be relevant to the issue, appears to it to be too remote to be material in all the circumstances of the case; and
(b) this section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force.
7. Facts, which though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.
8. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
9. (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
(2) The conduct of any party, or of any agent to any party, to any proceedings, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
(3) The word "conduct" in this section does not include statements accompany and explain acts other than statements; but this provision shall not affect the relevancy of statements under any other section.
(4) When the conduct of any person is relevant, any statement made to hi or in his presence and hearing which affects such conduct is relevant.