Evidence Act, 1945 🇳🇬

Nigeria Repealed: 2011-06-03

Amendments

1958-12-31Law Revision (Miscellaneous Amendments) Act, 1958

Repeal Notice

This legislation was repealed on 2011-06-03 by Evidence Act, 2011

Preface

Part I – Preliminary

1. Short title and application

2. Interpretation

3. Relation of relevant facts

4. Presumptions

5. Savings as to certain evidence

Part II – Relevancy

6. Evidence may be given of facts in issue and relevant facts

7. Relevancy of facts forming part of same transaction

8. Facts which are the occasion, cause or effect of facts in issue

9. Motive, preparation and previous or subsequent conduct

10. Facts necessary to explain or introduce relevant facts

+62 more sections

Part III – Proof

73. Fact judicially noticeable need not be proved

74. Facts of which court must take judicial notice

75. Facts admitted need not be proved

Part IV – Oral evidence and the inspection of real evidence

76. Proof of fact by oral evidence

77. Oral evidence must be direct

Part V – Documentary evidence

78. Court may order proof by affidavit

79. Affidavits to be filed

80. Before whom sworn

81. Sworn in foreign parts

82. Proof of seal and signature

+49 more sections

Part VI – The exclusion of oral by documentary evidence

132. Evidence of terms of judgments, contracts, grants and other dispositions of property reduced to a documentary form

133. Evidence as to the interpretation of documents

134. Application of this Part

Part VII – Production and effect of evidence

135. Burden of proof

136. On whom burden of proof lies

137. Burden of proof in civil cases

138. Burden of proof beyond reasonable doubt

139. Burden of proof as to particular fact

+11 more sections

Part VIII – Estoppel

151. Estoppel

152. Estoppel of tenant; and of licensee of person in possession

153. Estoppel of bailee, agent and licensee

154. Estoppel of person signing bill of lading

Part IX – Witnesses

155. Who may testify

156. Dumb witnesses

157. Case in which banker not compellable to produce books

158. Parties to civil suit, and their wives or husbands

159. Competency in criminal cases

+20 more sections

Part X – Taking oral evidence and the examination of witnesses

180. Oral evidence to be on oath or affirmation

181. Absence of religious belief does not invalidate oath

182. Cases in which evidence not given upon oath may be received

183. Unsworn evidence of child

184. Evidence of first and second class chiefs

+40 more sections

Part XI – Evidence of previous conviction

225. Proof of previous conviction

226. Additional mode of proof in criminal proceedings of previous conviction

Part XII – Wrongful admission and rejection of evidence

227. Wrongful admission or exclusion of evidence

Part XIII – Service and execution throughout Nigeria of process to compel the attendance of witnesses before courts of the States and the Federal Capital Territory, Abuja and the Federal High Court

228. Interpretation

229. Subpoena or witness summons may be served in another State

230. Orders for production of prisoners

Evidence Act, 1945

Published in Official Gazette supplement
Commenced on 1 June 1945
[This is the version of this document at 31 December 2002.]

[Amended by Law Revision (Miscellaneous Amendments) Act, 1958 (Ordinances 52 of 1958) on 31 December 1958]
[Repealed on 3 June 2011 by Evidence Act, 2011 (Act 18 of 2011)]

An Act to provide for the law of evidence to be applied in all judicial proceedings in or before courts in Nigeria.

Part I – Preliminary

Short title and interpretation

1. Short title and application

[L.N. 47 of 1955.]

(1)This Act may be cited as the Evidence Act.

(2)This Act shall apply to all judicial proceedings in or before any court established in the Federal Republic of Nigeria but it shall not apply‐

(a)to proceedings before an arbitrator; or

(b)to a field general court‐martial; or

(c)to judicial proceedings in any civil cause or matter in or before any Sharia Court of Appeal, Customary Court of Appeal, Area Court or Customary Court unless the President, or the Governor of a State, …

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Evidence Act, 1945 🇳🇬

Amendments

Repeal Notice

Table of Contents

Evidence Act, 1945

Part I – Preliminary

Short title and interpretation

1. Short title and application

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