INTRODUCTION TO THE LAW OF EVIDENCE

Question 1

What is Evidence?

Answer 1

It is anything that tends to prove or disprove the existence of an alleged fact.

Section 179 NRCD 179 defines evidence as:
“means testimony, writings, material objects, or any other things presented to the senses that are offered to prove the existence or non-existence of a fact”

Question 2

Sources of Law of Evidence

Article 11 of the 1992 Constitution

Answer 2

• the constitution
• enactments made by or under the authority of parliament established under the 1992 constitution
• any orders, rules and regulations made by any person or authority under a power conferred by the constitution
• the existing law; and
• the common law

Question 3

What is judicial evidence?

Answer 3

It is the means apart from arguments and inferences whereby the court is informed as to the issues of fact as ascertained by the pleadings.

Question 4

Relevance

Answer 4

In order for the court to accept evidence offered by a party, such evidence must be relevant i.e. such evidence must be directing at proving or disproving some fact which is a subject matter of the dispute i.e. the evidence must be such that it makes the existence or non-existence of the fact more probable or less probable than it’d be without the evidence

Question 5

Admissibility

Answer 5

That is the evidence should be capable of being accepted by the court. As a general rule all relevant evidence is admissible and no evidence is admissible except relevant evidence. Despite the idea that all relevant evidence is admissible, some relevant evidence may be ruled inadmissible because of the prejudicial effect of such evidence may outweighed by its benefit. In such cases, the judge has an exclusionary power and discretionary to rule inadmissible such evidence

Question 6

Weight of evidence

Answer 6

At the end of trial, the court evaluates the evidence and reaches a conclusion on its weight i.e. the strength or effect of the evidence on the determination of the matter before the court

Question 7

What are facts in issue?

Answer 7

These are facts that are in dispute between the parties. Facts may be in issue as a matter of substantive law or as a matter of the evidential law. In criminal cases for instance, where an accused pleads not guilty everything is in issue. In essence facts in issue are the questions which must be resolved by the court

Question 8

What are preliminary facts?

Answer 8

These are facts that must be proved before the main evidence shall be admitted.
Section 3 of the Evidence Act defines preliminary facts as:
a “preliminary fact” is a fact on which depends
(a) the admissibility of evidence,
(b) or the inadmissibility of evidence,
the qualification or disqualification of a person to be a witness, or
(c) the existence or non-existence of a privilege.

Question 9

What are collateral facts

Answer 9

They are facts which are not connected or remotely connected with the issue or matter in dispute. As a general rule, a party is prohibited from calling evidence to contradict a witness on a collateral issue. This is done to preserve trial efficiency and avoid confusion and distraction by preventing litigation of issues that have no or marginal relevance.

Question 10

What is a Facts in issue?

Answer 10

Matters in controversy that must be determined by the court.