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
THE IMPACT OF LIQUIDITY MANAGEMENT ON COMMERCIAL BANK PROFITABILITY
ABSTRACT
This study examined The Impact of Liquidity Management on Commercial...
IMPACT OF ADULT EDUCATION ON SOCIAL COHESION
Abstract: This study investigates the impact of adult education on social cohesion, examining how educational programs designed for adults con...
OCCUPATIONAL HEALTH AND SAFETY AS DETERMINANTS OF EMPLOYEE’S PRODUCTIVITY
BACKGROUND TO THE STUDY
Labour is one of the vital resources required for high level productivity at bo...
THE INFLUENCE OF PROSTATE CANCER AWARENESS CAMPAIGNS ON THE KNOWLEDGE, ATTITUDE AND PRACTICES OF MEN
ABSTRACT
This study was designed to investigate the influence of prostate cancer awareness campaigns...
EFFECT OF SENIOR SCHOOL CERTIFICATE EXAMINATIONS, UNIVERSITY MATRICULATION EXAMINATION AND PSYCHO-DEMOGRAPHIC FACTORS ON ACADEMIC PERFORMANCE OF UNIVERSITY FRESHMEN IN SOUTH WEST, NIGERIA
ABSTRACT
The number of candidates seeking admission into universities is increasing at geometrical rate without a corresponding increase...
THE IMPACT OF CUSTOMER SERVICE SKILLS ON ADMINISTRATIVE PERFORMANCE
THE IMPACT OF CUSTOMER SERVICE SKILLS ON ADMINISTRATIVE PERFORMANCE
Abstract: The obje...
CAPACITY UTILIZATION OF CONSTRUCTION CRAFTSMEN IN PUBLIC SECTOR IN NORTH CENTRAL ZONE OF NIGERIA
ABSTRACT
The research examined the utilization levels of the capacities of the construction craftsmen in the public sector of the Nigeria...
IMPACT OF INFORMAL LEARNING ON ADULT SKILL ACQUISITION
Abstract: This research examines the impact of informal learning on adult skill acquisition. The study aimed to explore how informal learning...
IMPACT OF ADULT EDUCATION ON INDIGENOUS KNOWLEDGE PRESERVATION
Abstract: The topic of this research is the impact of adult education on indigenous knowledge preservation. This study aimed to evaluate how a...
DEVELOPMENT OF A MODIFIED ENERGY-EFFICIENT CLUSTERING WITH SPLITTING AND MERGING FOR WIRELESS SENSOR NETWORKS USING CLUSTER-HEAD HANDOVER MECHANISM
ABSTRACT
Energy efficiency is one of the most important challenges for Wireless Sensor Networks (WSNs). This is due to the fact that sens...
