HOW CAN I PROVE MY CASE?
In the legal world, evidence is the backbone of any case. It is the means through which facts are established in court, and it determines whether a person is found guilty or innocent, liable or free from responsibility.
For non-lawyers, the terms "evidence" and "standard of proof" can seem complex, but they are concepts that are easy to understand when broken down into everyday language.
This article will explain the types of evidence recognized under Nigerian law, particularly the Nigerian Evidence Act, and the standard of proof required in different types of cases.
What is Evidence?
At its simplest, evidence is anything that proves or disproves a fact in dispute. In court, the goal is to adduce evidence that will convince the judge that your side of the story is more credible.
The Nigerian Evidence Act 2011, which is the guiding legislation for how evidence is admitted and evaluated in Nigerian courts, outlines several types of evidence and sets the standard for how convincing the evidence must be.
How you can prove your case
In proving your case and how to do so, he Evidence Act 2011 recognizes various types of evidence, each with its own significance depending on the case
The essence of this aspect is that it shows you the types of evidence admissible and gives you insight on how you can prove your case
1. Oral Evidence
This is the most common type of evidence and refers to spoken words presented in court by witnesses. For example, in a robbery case, the victim may take the stand and describe the events as they remember them. This testimony is oral evidence.
Oral evidence is governed by Section 125 of the Evidence Act 2011, which states that all facts, except those contained in documents, can be proved through oral evidence. However, oral evidence must be credible and consistent for the court to rely on it.
2. Documentary Evidence
Documentary evidence refers to written documents that are presented in court to prove or disprove facts. Examples include contracts, letters, text messages, or emails. If there is a dispute over the terms of a contract, the actual document will be presented as documentary evidence to show what was agreed upon by the parties.
According to Section 83 of the Evidence Act 2011, documents are admissible if they are original or certified copies, provided they are relevant to the issue at hand.
For example, if someone denies signing a contract, their signature on the document can be compared with other known signatures to prove or disprove authenticity.
3. Real Evidence
This type of evidence involves physical objects that can be inspected by the court. In a murder case, for instance, the weapon used in the crime (e.g., a knife) may be presented as real evidence. This helps the court visualize and better understand the facts of the case.
Real evidence is governed by Sections 87 and 88 of the Evidence Act 2011, which require that the object must be relevant to the case and must be properly identified.
4. Hearsay Evidence
Hearsay evidence is second-hand information—statements made outside of court that are being presented as evidence in court. Generally, hearsay evidence is inadmissible because the person who originally made the statement is not available for cross-examination.
However, there are exceptions to this rule under Section 37 of the Evidence Act 2011, such as dying declarations or when a statement is made as part of the res gestae (things done during the course of an event, such as a witness immediately yelling "thief!" after witnessing a robbery). An example of hearsay would be if a witness says, "My friend told me they saw the defendant commit the crime." This kind of statement is usually not allowed as evidence because the court cannot directly question the friend.
5. Circumstantial Evidence
Circumstantial evidence refers to indirect evidence that suggests a fact by implication, rather than directly proving it.
For instance, if a person's fingerprints are found on a weapon used in a crime, it implies that they may have handled the weapon, even if no one saw them commit the crime.
Circumstantial evidence can be powerful, especially in criminal cases, where direct evidence (such as eyewitness testimony) may not be available.
Courts are allowed to convict based on circumstantial evidence if it points clearly to the guilt of the accused, as stated in Section 138 of the Evidence Act 2011.
Understanding the types of evidence and the standard of proof is essential for anyone involved in the legal process, whether as a lawyer, a defendant, or even a juror.
References:
- Nigerian Evidence Act, 2011
- Section 125 (Oral Evidence)
- Section 83 (Documentary Evidence)
- Section 37 (Hearsay Evidence)
Understanding the law doesn’t have to be complicated, and with this guide, we hope you now have a better grasp of how evidence works in Nigerian courts.
-KNOWLEDGE TENT ORGANIZATION
