Law of Evidence in Nigeria : : Practice and Procedure.

Law of Evidence in Nigeria : : Practice and Procedure.

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Bibliographic Details
:
Ortuanya, Uchenna.
Place / Publishing House:Oxford : : Malthouse Press Ltd, Nigeria,, 2022.
Ã2022.
Year of Publication:2022
Edition:1st ed.
Language:English
Online Access:
Physical Description:1 online resource (455 pages)
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Table of 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
  • 1. Introduction
  • 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
  • 1. Introduction
  • 2. For Privileged Communication
  • 3. Forms of Privileged Communications
  • Chapter 19 - COMPETENCE AND COMPELLABILITY
  • Introduction
  • 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.

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