Unveiling 5 Proven Vital Role of Evidence in Nigerian Litigation.

Introduction

Evidence plays a critical role in any judicial process, serving as the foundation upon which decisions are made. In Nigeria, evidence determines the outcome of both civil and criminal cases, influencing judgments based on its admissibility, relevance, and credibility. The Nigerian legal system, rooted in English common law and statutes, emphasizes evidence as the basis for achieving justice. This article will delve into the essential aspects of evidence in Nigerian litigation, specifically focusing on the principles of admissibility and the burden of proof.

The Role of Evidence in Nigerian Litigation

In Nigerian litigation, evidence is the cornerstone of the judicial process. The primary objective of presenting evidence is to establish the truth or falsity of a claim or defense. Evidence serves to support the judge’s decision, ensuring that judgments are based on facts rather than assumptions. Evidence is not just a procedural formality; it is the core of the judicial determination process. Through evidence, parties are expected to prove their assertions, whether to establish guilt in a criminal case or liability in a civil matter.

In Nigeria, the rules governing evidence are contained in the Evidence Act of 2011, which outlines what constitutes evidence, its types, and how it should be handled in court. The Evidence Act serves as a guide for both legal practitioners and judges, outlining how evidence should be presented, scrutinized, and assessed.

Types of Evidence

There are several types of evidence recognized in Nigerian law:

1. Oral Evidence: Testimony given by a witness in court. This can include direct testimony, where a witness speaks about what they directly observed.
2. Documentary Evidence: Documents presented in court, such as contracts, letters, and other written materials.
3. Real Evidence: Physical objects presented to the court, like weapons, clothing, or other tangible items related to the case.
4. Direct Evidence: Evidence that directly proves a fact, without the need for inference. This can include eyewitness testimony.
5. Circumstantial Evidence: Evidence that implies a fact through inference, requiring the judge or jury to deduce facts based on presented evidence.
6. Expert Evidence: Testimony provided by an expert in a specific field to clarify technical issues.
7. Hearsay Evidence: Statements made outside of court, presented to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible unless it falls under certain exceptions.

Admissibility of Evidence

The admissibility of evidence is a crucial concept in Nigerian litigation, as it determines what evidence the court can consider in reaching a decision. Admissibility is primarily governed by the Evidence Act, which specifies the requirements that must be met for evidence to be accepted in court. For evidence to be admissible, it must meet the criteria of relevance, materiality, and compliance with procedural rules.

1. Relevance: Evidence must be relevant to the facts in issue. Relevance is the primary requirement for admissibility, meaning that the evidence must have a direct bearing on the case. Evidence that does not relate to the matter at hand is irrelevant and inadmissible.
2. Materiality: The evidence must be material, meaning it should have a legitimate connection to the facts that need to be proven. Material evidence has the potential to influence the outcome of the case.
3. Competency and Credibility: The source of the evidence must be competent and credible. This means the witness or document providing the evidence must be reliable and authentic.
4. Legality: The evidence must be obtained through lawful means. Evidence obtained through illegal methods, such as coercion or deception, is often inadmissible. This principle aims to protect the rights of individuals and maintain the integrity of the judicial process.
5. Compliance with Procedural Rules: Evidence must also comply with the procedural rules outlined in the Evidence Act and other relevant statutes. For instance, certain types of evidence, such as confessions, have specific procedural requirements that must be met for them to be admissible.

The Burden of Proof in Nigerian Litigation

The burden of proof is the obligation placed on a party to prove their claims in court. In Nigerian litigation, the burden of proof is a fundamental concept that determines which party is responsible for providing evidence to support their case. The Evidence Act clearly outlines the distribution of the burden of proof in various types of cases.

1. Burden of Proof in Civil Cases: In civil cases, the burden of proof typically lies with the party making the claim (the plaintiff). The standard of proof in civil cases is based on the “balance of probabilities,” which means that the evidence must show that it is more likely than not that the claim is true. This standard is lower than that required in criminal cases, reflecting the nature of civil disputes, where monetary damages or remedies are usually at stake.
2. Burden of Proof in Criminal Cases: In criminal cases, the burden of proof lies with the prosecution, which must prove the defendant’s guilt beyond a reasonable doubt. This high standard reflects the seriousness of criminal cases, where the defendant’s liberty is at stake. The prosecution must present compelling evidence that leaves no reasonable doubt about the defendant’s guilt. If reasonable doubt exists, the defendant is entitled to an acquittal.
3. Shifting the Burden of Proof: In certain circumstances, the burden of proof may shift from one party to another. For example, in criminal cases, once the prosecution establishes a prima facie case, the burden shifts to the defense to rebut the prosecution’s evidence. Similarly, in civil cases, if the plaintiff successfully presents sufficient evidence to support their claim, the burden shifts to the defendant to present a counterargument or disprove the claim.
4. Evidential and Legal Burden: The burden of proof can be divided into two categories: the evidential burden and the legal burden. The evidential burden refers to the obligation to produce evidence to support a claim, while the legal burden refers to the ultimate responsibility of proving or disproving a claim. In most cases, the legal burden remains with the party who initially filed the claim, while the evidential burden may shift during the course of the trial.

Rules Governing Admissibility of Evidence in Nigerian Litigation

In Nigerian courts, the admissibility of evidence is governed by several rules, including:

1. Hearsay Rule: Hearsay evidence, which involves statements made outside of court, is generally inadmissible because it does not allow for cross-examination. However, there are exceptions, such as dying declarations and certain types of documentary evidence, that may be admissible.
2. Best Evidence Rule: This rule requires that the original document be presented as evidence whenever possible. Copies or secondary evidence may be admissible only if the original document is unavailable due to reasonable circumstances, such as loss or destruction.
3. Confession Rule: Confessions made by a defendant are admissible only if they are voluntary. Coerced or involuntary confessions, such as those obtained through torture, are inadmissible under Nigerian law.
4. Parole Evidence Rule: This rule applies to written contracts, stating that oral or extrinsic evidence cannot be used to contradict, alter, or add to the terms of a written contract, except in specific cases of fraud, mistake, or incomplete contracts.
5. Exclusionary Rule: Evidence obtained through illegal or improper means, such as unlawful searches or coercion, is often excluded to uphold the integrity of the legal system and protect the rights of individuals.

Challenges in the Application of Evidence in Nigerian Courts

Applying the rules of evidence in Nigerian courts can be challenging due to various factors:

1. Lengthy Legal Proceedings: Due to procedural complexities and the volume of cases in Nigerian courts, trials can be prolonged. This affects the timely presentation and consideration of evidence, often causing delays in justice.
2. Limited Resources: Many Nigerian courts lack the resources needed for efficient evidence handling, such as adequate storage facilities for physical evidence and advanced technology for managing documentary evidence.
3. Corruption and Judicial Interference: Corruption remains a significant issue in the Nigerian legal system. In some cases, evidence may be tampered with, or judicial officers may be influenced, affecting the fair assessment of evidence.
4. Lack of Adequate Training: Some legal practitioners and court officials lack adequate training in handling complex evidence, such as forensic or digital evidence. This affects the quality of evidence presented and the decisions based on such evidence.
5. Cultural and Social Factors: Nigeria’s diverse cultural and social environment can influence the perception and interpretation of evidence. For example, certain types of evidence may be deemed unacceptable or inappropriate in certain cultural contexts.

Importance of Credibility and Corroboration in Nigerian Litigation

Credibility and corroboration are crucial elements in the Nigerian judicial system:

• Credibility of Evidence: Evidence must be credible to be persuasive in court. Credible evidence is consistent, reliable, and free from bias or exaggeration. Courts assess the credibility of evidence by examining the reliability of witnesses, the authenticity of documents, and the overall coherence of the presented facts.
• Corroboration: In many cases, the court requires corroborative evidence to support certain claims, especially in criminal cases involving accusations of sexual offenses or treason. Corroboration provides additional assurance that the presented evidence is accurate and reliable.

The Impact of Evidence on Judicial Decisions

Evidence is central to judicial decisions in Nigeria. Judges rely on evidence to interpret the facts, apply relevant laws, and reach fair judgments. The quality, admissibility, and credibility of evidence presented in court directly influence the outcome of cases, affecting individuals, businesses, and society at large. Judges are required to provide detailed reasons for their decisions, particularly when evaluating conflicting evidence, ensuring that justice is served transparently.

Conclusion

The role of evidence in Nigerian litigation cannot be overemphasized. It is the foundation upon which justice is built, guiding the court in its pursuit of truth and fairness. The principles of admissibility and burden of proof are essential in ensuring that evidence is handled properly and that both parties are treated fairly. By upholding these principles, Nigerian courts can continue to strengthen the integrity of the legal system and promote confidence in judicial proceedings.

Contact Us

For premier legal research services in Evidence Law cases in Nigeria, contact Chaman Law Firmhttps://www.chamanlawfirm.com/about-us/ today. Our offices are conveniently located in Lagos, FCT Abuja, Ogun State, and the UK. We are readily available to assist you with your legal needs. Whether you require consultation or services in Evidence law in Nigeria.

Call us at 08065553671 or email us at info@chamanlawfirm.com to schedule a consultation.

1. Admissibility of Evidence
2. Burden and Standard of Proof
3. Relevance and Materiality
4. Witness Testimony and Credibility
5. Documentary and Real Evidence