Part i general 1 evidence may be given of facts in issue and relevant facts. Evidence is the means by which facts are proved excluding inferences and arguments. Inadmissibility of a document tendered and rejected. If the allegations of one party are not disputed or contested by the other, or if the allegations are even admitted, then no proof is required. A fortiori, if another legislation makes any evidence inadmissible, the intention of the legislature in that regard must be respected. However, this general rule is subject to few exceptions. Relevance and admissibility of evidence under the evidence act. Explanatory memorandum this act repeals the evidence act, cap. Admissibility of computer generated evidence in nigeria. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. Admissibility of documentary evidence as to facts in issue.
Relevancy of statement as to fact of public nature contained in certain acts or notifications. A document is admissible in evidence if it is relevant to the facts in issue and admissible in law. Oyegbola 1969 1 nmlr 194 where the supreme court said obiter that the law cannot be and is not ignorant of modern business methods and must not shut its eyes to the. Relevancy and admissibilityunder indian evidence act. The literature encircling relevancy and admissibility of documents in judicial.
Admissibility is a rule of evidence and it is based on relevancy. This presentation is part of a course on evidence law presented by anthony marinac from cqu. Admissibility of documentary evidence 147 3 electronic evidence in ireland and the problem of hearsay v real evidence 149 4 laying a suitable foundation for electronic evidence 151 5 reform 160 c tests to be proposed testing the integrity and reliability of the electronic system 162. It is a fact that in nigeria and the world over, the adoption of information. E14, laws of the federation of nigeria, 2004 and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria. Admissible evidence is any document, testimony, or tangible evidence used in a court of law. A cardinal principle of admissibility of evidence under the nigerian law of evidence is that for any evidence to be admissible, it has to be relevant to the fact s in issue or any other relevant fact. Admissibility of evidence as it relates to electronic.
Relevance and admissibility of evidence under the evidence. Evidence act 2011, laws of the federation of nigeria. Evidence act, 2011 this act repeals the evidence act. E14, laws of the federation of nigeria, and enacts a new evidence act, which shall apply to all judicial proceedings in. Firstly, hearsay and opinion are not admissible to the court laid down in the case of r v turner. While relevancy is based on logic, admissibility only relies on lawful pertinence, i. In section 6 of evidence act 1950, a distinction is made between relevancy and admissibility, if it can be shown that the evidence would be relevant if proved, the court shall admit evidence of it.
Admissibility of electronic evidence advocate magesh. Otherwise, our manual system of operation may pose a threat to this. Critical appraisal of the relevancy and admissibility of. The basic principle of law governing admissibility of evidence in a judicial proceeding is that a piece of evidence is admissible if it is relevant.
The earliest and most commonly referred to case on the admissibility of electronic evidence in nigeria is the nigerian supreme court decision in esso west africa inc. In elias v disu 1962 1 all nlr 214, this court held that in determining admissibility of evidence, it is the relevancy of the evidence that is important and not how the evidence was obtained. In civil proceedings in the commonlaw countries, evidence is both ascertained and simultaneously restricted by the assertions of the parties. Effectively, the world has changed from analogue to digital. Pdf inadmissibility of a document tendered and rejected. These two changes in the stance of the law have created paradigm shifts in the admissibility and relevancy of electronic evidence, albeit certain precautions still being necessary. All relevant facts may not be admissible they may be ruled out due to prejudice, paucity of time, confusion but all admissible facts are relevant. In an attempt to address this fundamental issue regarding the admissibility of electronically generated evidence, recourse shall be paid had to the word evidence itself. The law of evidence is dependent on admissibility and relevancy of evidence or facts. The court would consider the probative value, the importance, relevancy and gravity of such evidence. Admissibility of any piece of evidence depends on the extent of relevance of the. Evidence, admissibility, relevancy, exclusionary rule, litigant 1.
Relevancy and admissibilityunder indian evidence act the expressions relevancy and admissibility are often taken to be synonymous. It will be foolhardy to assume that in the few pages of this writeup, every issue. Testimonial evidence is where a person takes the stand and answers questions about a case. In admissibility of evidence, section 16 of evidence act has given credence to admissibility of customs in as much as such custom has been judicially noticed or could be prove by existence of evidence, one thing to note here is that once a.
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. This topic is important because it has to do with admissibility of evidence but not just any type of evidence but specialized type of evidence as they are all science oriented. Part jirelevancy 4 relevance of facts forming part of same transaction. Thus, relevancy usually known as logical relevancy while admissibility is known as legal relevancy. Relevancy is not primarily dependant on rules of law but admissibility is founded on law. Facts which are the occasion, cause or effect of facts in issue. As we have observed, relevancy is the precursor to the admissibility of any. Nigeria, be admissible in judicial proceedings to which this act applies. The ict age has dawned, but not for all kofi annan1 abstract. Critical appraisal of the relevancy and admissibility of electronically. The main source of our law of evidence in nigeria is the evidence act of. In determining the admissibility of electronic evidence in kubor v dickson, the court looked beyond the general conditions for admissibility of. So, it is only evidence of relevant facts which is admissible in evidence.
The importance of the work has been intensified and brought to bare mainly in pages featuring the practical application of the rules relating to electronically generated evidence in particular and its relevancy and admissibility of evidence in general. However, because peoples statements can be tainted by poor memories or bias, a number of admissibility rules apply. All admissible evidence is relevant but all relevant evidence is not admissible. It should be noted that our section 842 is very similar to the position in england on the admissibility of computer generated evidence. Probative is a term used in law to signify tending to. Issues relating to competence and compellability of child evidence have been accorded much attention by the judiciary in making sure that children in given evidence in court are not. Evidence in accordance with section i generally admissible. Relevancy and admissibility of facts under nigerian law of. Critical appraisal of the relevancy and admissibility of electronically generated evidence in nigeria.
Abstract the latter part of the twentieth century was marked by the invention of the electronic transistor and machines and ideas driven by it. Admissibility of documentary evidence under the nigeria. Critical appraisal of the relevancy and admissibility of electronically generated evidence in nigeria abstract in an attempt to address this fundamental issue regarding the admissibility of electronically generated evidence, recourse shall be paid had to the word evidence itself. Electronic evidence in nigeria by timothy tion this work is licensed under a creative commons attributionnoncommercialnoderivs 3.
Evidence may be given of facts in issue and relevant facts. This is not surprising since most of our legislations take a cue from that of england. The law governing the admissibility of evidence is found in the nigerian law of evidence. A fortiori, if another legislation makes any evidence. Full advanced text search, for sections and keywords. The basic principle of law governing admissibility of. Experts opinion and its admissibility and relevancy law.
Relevancy of facts forming part of same transaction. Relevancy of a piece of evidence is the relationship it has with the. Appraisal of the admissibility of child evidence in nigerian courts. Admissibility of evidence in nigerian law modish project. Relevancy and admissibility of facts under nigerian law of evidence. The issue of relevance and admissibility of evidence is wide and straddles the whole spectrum of the law of evidence. The issue of admissibility of evidence is crucial to any trial, whether civil or criminal. The admissibility of electronic evidence 157 describe as a prima facie showing. Relevancy is the genus of which admissibility is the species. Experts opinion and its admissibility and relevancy law of evidence sec.
A working paper on the exceptions to the law guiding the admissibility of documentary evidence in nigeria. Whether exhibit 7 that was tendered through pw3 is admissible in evidence having regard to. The question of admissibility is one of law and is determined by the court. Law final year research project topics and materials. And to some certain extent look at general concept of evidence, presumption relating to documents and exclusion of oral evidence by documentary evidence. Thus in r v spilby 1991 crim lr, 199 it was held that the computer print. Critical appraisal of the relevancy and admissibility. At the same time, a blanket rule against hearsay has been created in respect of computer output.