EVIDENTIARY RULES ON ADMISSIBILITY OF DOCUMENTARY EVIDENCE UNDER NIGERIAN EVIDENCE ACT 2011: A CRITICAL APPRAISAL
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
ABSTRACT
This study provided a critical conceptual discourse into the Evidentiary Rules On Admissibility of Documentary Evidence Under Nigerian Evidence Act 2011. It appraised the bases for the admissibility of documentary evidence, rules of evidence, relevance and conditions for the admissibility of secondary evidence, public document, proof of documentary evidence, custody and production of public documents, proof of execution of documents, admissibility of statements made in computers, and conditions for the admissibility of documentary evidence as to fact in issue. It also appraised the rules on admissibility of documentary evidence under the Nigerian Law to ascertain what factors that determine the admissibility and inadmissibility of documentary evidence and it examined the extent to which computer generated evidence is made part of admissible documentary evidence under the Evidence Act 2011. Evidence is the cornerstone of litigation and indispensable for a fair justice system in Nigeria. This dissertation therefore aimed at bringing out issues faced by the Lawyers, Courts, theorists and Students of Law relating to the admissibility of documentary evidence; solving problems faced by Students of Law and Lawyers on issues of proper foundation to be laid and the mode of tendering the documentary evidence and principally, recommending areas and manner of legal reform as to the admissibility of documentary evidence by making an exposition on a very fundamental rule on documentary evidence. The separation of section 89 and 90 of the Evidence Act and the alteration of sections in 1990 Evidence Act which has the same principles under 2011 Evidence Act, made comprehension and interpretation of above sections difficult. The five subsections in section 83 constitute a sort of nightmare to many Students of Law and even the Lawyers sometimes are confused as to the application of its provisions. Making it worse is the use of the words „provided‟, „except‟, and „unless‟. Also, in addition to the issues raised above, the failure of the Act in not defining the nature of electronic signature compounded the confusion, difficulties and obscurity of meaning of evidence it sought to enshrine, legislate or enforce and so we can only conclude that the provisions of section 83 are cumbersome and they ordinarily portend challenges to understanding and thus interpretation and would need material revision and redrafting. The legal research methodology adopted in collecting information is the doctrinal method. The doctrinal research is priori research method which involves research in text books, statute and cases. The findings of the study significantly included the difficulty which the separation of S. 89 and 90 Evidence Act posed to Students of Law, and the absence of the definition of the nature of electronic signature. It is therefore recommended that there is immediate need for legislative reform to redress the issues for proper drafting, interpretation and understanding for-instance the issues relating to the use of simple English to replace the words „provided‟, „except‟, and „unless‟ for easy understanding. The need for legislative amendment of S. 89 and 90 which was separated, should be redrafted under one section for easy interpretation and understanding and the amendment of Section 83(4) to provide for the nature of electronic signature for its admissibility purposes.
Related Project Materials
ANALYSIS OF PROFITABILITY AND RESOURCE USE EFFICIENCY IN CASSAVA FARMING
ABSTRACT
The study was conducted to analyze the profitability and resource use efficiency of cassava fa...
EXAMINATION OF THE EXTENT OF DEVELOPMENT MADE BY MULTI-PARTY SYSTEM IN NIGERIA POLITICAL SPHERE
ABSTRACT
The central role played by political parties in the development and nurturin...
ASSESSMENT OF THE EFFECTIVENESS OF THE MACE IN PARLIAMENTARY PROCEEDINGS AS SYMBOL OF AUTHORITY OF THE NATIONAL ASSEMBLY, ABUJA: 2015 – 2020
Background to the Study
The Mace is believed and admitted to be the symbol of authority of the National Assembly and in...
NEED FOR EFFECTIVE VENDOR SELECTION & RATING IN AN ORGANIZATION
EXCERPT FROM THE STUDY
Suppliers are an essential component of the supply chain system, imbibing effective supplier sele...
THE EFFECTIVENESS OF PEER MENTORING PROGRAMS IN VOCATIONAL SETTINGS
ABSTRACT: This research examines the effectiveness of peer mentoring programs in vocational settings, highlighting their impact on student sup...
THE SOCIO-ECONOMIC IMPACT OF RURAL-URBAN MIGRATION ON THE RURAL AREAS
ABSTRACT
A lot has been said about the rising of rural urban migration in recent years. This phenomenon has attracted th...
TYPES, PREVALENCE AND CAUSES OF DOMESTIC VIOLENCE AMONG SELECTED COUPLES
BACKGROUND OF THE STUDY
Domestic abuse is a problem that is entrenched in many societies across the glo...
ASSESSMENT OF THE ROLE OF SOCIAL MEDIA IN RAISING AWARENESS ABOUT DOMESTIC VIOLENCE IN NIGERIA
ABSTRACT
Domestic violence is one of Nigeria’s most significant public health problems. It r...
PERFORMANCE OF JAPANESE QUAILS (Coturnix coturnix japonica) FED DIETS CONTAINING DIFFERENT PROTEIN AND ENERGY LEVELS
ABSTRACT
A study which lasted 70 days was conducted to determine the performance of Japanese quails (Coturnix coturnix japonica) fed diet...
FUEL SUBSIDY REMOVAL AND THE NIGERIAN ECONOMY (A CASE STUDY OF ABAKILIKI LOCAL GOVERNMENT AREA, EBONYI STATE)
ABSTRACT
When the researcher chose this topic “fuel subsidy removal and Nigerian economy”-she was inspired on how Nigerians r...
