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Home » Evidence Act 2011 » Section 104 Nigerian Evidence Act 2011

Section 104 Nigerian Evidence Act 2011

Section 1 – Evidence may be given of facts in issue and relevant facts. Section 2 – Evidence in accordance with section 1 generally admissible. Section 3 – Admissibility of evidence under other legislation. Section 4 – Relevance of facts forming part of same transaction. Section 5 – Facts which are the occasion, cause or effect or facts in issue. Section 6 – Motive, preparation and previous or sub-sequent conduct. Section 7 – Facts necessary to explain or introduce relevant facts. Section 8 – Things said or done by conspirator in reference to common intention. Section 9 – When facts not otherwise relevant become relevant. Section 10 – Certain facts relevant in proceedings for damages. Section 11 – Facts showing existence of state of mind, body or bodily feeling. Section 12 – Facts bearing on question whether act was accidental or intentional. Section 13 – Existence of course of business when relevant. Section 14 – Discretion to exclude improperly obtained evidence. Section 15 – Matters court to take into account under section 14. Section 16 – What customs admissible. Section 17 – Judicial notice of custom. Section 18 – Evidence of customs. Section 19 – Relevant facts as to how matter alleged to be custom understood. Section 20 – Admission defined. Section 21 – Admission by privies. Section 22 – Admissions by persons whose position must be proved as against party to suit. Section 23 – Admissions by persons expressly referred to by party to suit. Section 24 – Proof of admissions against persons making them, and by or on their behalf. Section 25 – When oral admissions as to contents of documents are relevant. Section 26 – Admissions in civil cases, when relevant. Section 27 – Admissions not conclusive proof; but may estop. Section 28 – Confession defined. Section 29 – When confession is relevant. Section 30 – Facts discovered in consequence of information given by defendant. Section 31 – Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Section 32 – Evidence in other proceedings amounting to a confession is admissible. Section 33 – What evidence to be given when statement forms part of a conversation, document, book or series of letters or papers. Section 34 – Weight to be attached to admissible statements. Section 35 – Acts of possession and enjoyment of land may be evidence. Section 36 – Evidence of scienter upon charge of receiving stolen property. Section 37 – Hearsay defined. Section 38 – Hearsay rule. Section 39 – Statements by persons who cannot be called as witnesses. Section 40 – Statements relating to cause of death. Section 41 – Statements made in the course of business. Section 42 – Statement against interest of maker with special knowledge. Section 43 – Statements of opinions as to public right or custom and matters of general interest. Section 44 – Statements relating to rile existence of a relationship. Section 45 – Declarations by testators. Section 46 – Admissibility of certain evidence for proving, in subsequent proceeding, the truth of facts stated in it. Section 47 – When statement made under any criminal procedure legislation may be used in evidence. Section 48 – Statement of defendant at preliminary investigation or coroner’s inquest. Section 49 – Admission of written statements of investigating police officers in certain cases. Section 50 – Absence of public officers. Section 51 – Statements made in special circumstances entries in books of account. Section 52 – Entry in public records made in performance of duty. Section 53 – Statements in maps, charts and plans. Section 54 – Statement as to fact of public nature contained in certain acts or notifications. Section 55 – Certificates of specified government officers to be sufficient evidence in all criminal cases. Section 56 – Certificates of Central Bank officers as evidence in criminal cases. Section 57 – Service of certificates on other party before hearing, Section 58 – Genuineness of certificates to be presumed Section 59 – Previous judgments admissible to bar a second suit or trial. Section 60 – Admissibility of certain Judgments in certain jurisdictions, Section 61 – Admissibility and effect of judgments other than those mentioned in section 60, Section 62 – Judgment, etc, other than those mentioned in sections 59 to 61, when admissible, Section 63 – Conviction as evidence in civil proceedings, Section 64 – Fraud or collusion in obtaining judgment, or non-jurisdiction of court, may be proved, Section 65 – Judgment conclusive in favour of judge, Section 66 – Family or communal tradition admissible in land cases Section 67 – Opinion inadmissible except as provided in this Act. Section 68 – Opinions of experts, when admissible, Section 69 – Opinions as to foreign law, Section 70 – Opinions as to customary law and custom, Section 71 – Facts bearing upon opinions of experts Section 72 – Opinion as to handwriting, when admissible, Section 73 – Opinion as to existence of “general custom or right” when admissible Section 74 – Opinions as to usages and tenets, when admissible Section 75 – Opinion on relationship, when admissible, Section 76 – Grounds of opinion when admissible, Section 77 – Character defined Section 78 – In civil cases, evidence of character generally inadmissible. Section 79 – Character as affecting damages, Section 80 – In libel and slander, notice must be given of evidence of character Section 81 – In criminal cases evidence of good character admissible Section 82 – Evidence of character of the accused in criminal proceedings, Section 83 – Admissibility of documentary evidence as to facts in issue, Section 84 – Admissibility of statement in document produced by computers Section 85 – Proof of contents of documents. Section 86 – Primary evidence. Section 87 – Secondary evidence Section 88 – Proof of documents by primary evidence Section 89 – Cases in which secondary evidence relating to document. Section 90 – Nature of secondary evidence admissible under section 89 Section 91 – Rules as to notice to produce. Section 92 – Proof that bank has made returns or been duly licensed, Section 93 – Proof of signature and handwriting and electronic signature. Section 94 – Identification of person signing a document Section 95 – Evidence of sealing and delivery of a document Section 96 – Proof of instrument to the validity of which attestation is necessary Section 97 – Admission of execution by part to attested document. Section 98 – Cases in which proof of execution or of handwriting unnecessary. Section 99 – Proof when attesting witness denies the execution Section 100 – Proof of document not required by law to be attested. Section 101 – Comparison of signature, writing, seal or finger impressions with others admitted or proved. Section 102 – Public documents. Section 103 – Private documents. Section 104 – Certified copies of public documents. Section 105 – Proof of documents by production of certified copies. Section 106 – Proof of other official documents. Section 107 – Court may order proof by affidavit. Section 108 – Affidavit to be filled. Section 109 – Affidavit sworn in Nigeria. Section 110 – Proof of document not required by law to be attested. Section 111 – Proof of seal and signature. Section 112 – Affidavit not to be sworn before certain persons. Section 113 – Affidavit defective in form. Section 114 – Amendment and re-swearing of affidavit. Section 115 – Contents of affidavits. Section 116 – Conflicting affidavits, Section 117 – Form of affidavits. Section 118 – Provisions as to altered affidavit. Section 119 – Jurat. Section 120 – Declaration without oath may be taken. Section 121 – Proof of facts. Section 122 – Facts of which COURT must take judicial notice need not to proved. Section 123 – Facts admitted need to be proved Section 124 – Facts of common knowledge need not be proved. Section 125 – Proof of facts by oral evidence. Section 126 – Oral evidence must be direct. Section 127 – Inspection when oral evidence refers to real evidence. Section 128 – Evidence of terms of judgments, contracts, grants and other dispositions of property reduced to a documentary form. Section 129 – Evidence as to interpretation of documents Section 130 – Application of this Part. Section 131 – Burden of proof. Section 132 – On whom burden of proof lies. Section 133 – Burden of proof in civil cases Section 134 – Standard of proof in civil cases. Section 135 – Standard of proof where commission of crime in issue and burden where guilt of crime, etc. asserted. Section 136 – Burden of proof as to particular fact. Section 137 – Standard of proof where burden of proving fact, etc. placed on defendant by law. Section 138 – Burden of proving fact necessary to be proved to make evidence admissible. Section 139 – Burden of proof in criminal cases Section 140 – Proof of facts especially within knowledge. Section 141 – Exceptions need not be proved by prosecution. Section 142 – Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent. Section 143 – Burden of proof as to ownership Section 144 – Proof of good faith in transactions where one party is in relation of active confidence. Section 145 – Rules as to presumptions by the court. Section 146 – Presumption as to genuineness of certified copies Section 147 – Presumption as to documents produced as record of evidence. Section 148 – Presumption as to gazettes, newspapers, Acts of the National Assembly and other documents. Section 149 – Presumption as to document admissible in other countries without proof or seal or signature. Section 150 – Presumption as to powers of attorney Section 151 – Presumption as to public maps and charts. Section 152 – Presumption as to books. Section 153 – Presumption as to telegraphic and electronic messages. Section 154 – Presumption as to due execution of documents not produced. Section 155 – Presumption as to handwriting, etc. in documents twenty years old. Section 156 – Proper custody defined. Section 157 – Presumption as to date of documents Section 158 – Presumption as to stamp of a document. Section 159 – Presumption as to sealing and delivery. Section 160 – Presumption as to alternative Section 161 – Presumption as to age of parties to a conveyance or instrument. Section 162 – Presumption as to statements in documents twenty years old. Section 163 – Presumption as to deeds of corporation. Section 164 – Presumption of death from seven years absence and other facts. Section 165 – Presumption of legitimacy Section 166 – Presumption of marriage. Section 167 – Court may presume existence of certain facts. Section 168 – Presumptions of regularity and of deeds to complete title. Section 169 – Estoppel. Section 170 – Estoppel of tenant; and of licensee of person in possession. Section 171 – Estoppel of bailee, agent and licensee. Section 172 – Estoppel of person signing Act of lading. Section 173 – Judgment conclusive of facts forming ground of judgment. Section 174 – Effect of judgment not pleaded as estoppel. Section 175 – Who may testify. Section 176 – Dumb witnesses Section 177 – Cases in which banker or officers representing other financial institutions not compellable to produce books. Section 178 – Parties to civil suits and their wives or husbands. Section 179 – Competence in criminal cases Section 180 – Competence of person charged to give evidence Section 181 – Comment on failure by defendant to give evidence. Section 182 – Evidence by husband or wife, when compellable. Section 183 – Witness not to be compellable to incriminate himself Section 184 – Production of title deeds or other documents of witness not a party Section 185 – Production of documents which another person could refuse to produce. Section 186 – Evidence by spouse as to adultery. Section 187 – Communications during marriage. Section 188 – Compellability, of justices etc. or the persons before whom the proceeding is being held. Section 189 – Restriction on disclosure as to source of information in respect of commission of offences. Section 190 – Evidence as to affairs of State.
See also  Section 91 Nigerian Evidence Act 2011
Section 191 – Official communication. Section 192 – Professional communication between client and legal practitioner Section 193 – Section 192 to apply to interpreters and clerks. Section 194 – Privilege not waived by volunteering evidence. Section 195 – Confidential communication with legal advisers. Section 196 – Statements in documents marked “without prejudice” Section 197 – Corroboration in actions for breach of promise of marriage. Section 198 – Accomplice. Section 199 – Co-defendant not an accomplice. Section 200 – Number of witnesses. Section 201 – Treason and treasonable offences. Section 202 – Evidence on charge of perjury. Section 203 – Exceeding speed limit. Section 204 – Sedition. Section 205 – Oral evidence to be on oath or affirmation. Section 206 – Witness to be cautioned before giving oral evidence. Section 207 – Absence of religious belief does not invalidate oath. Section 208 – Cases in which evidence not given upon oath may be received. Section 209 – Unsworn evidence of child. Section 210 – Order of production and examination of witnesses. Section 211 – Court to decide as to admission of evidence Section 212 – Ordering witnesses out of court. Section 213 – Preventing communication with witnesses. Section 214 – Examination- in-chief, cross-examination and re-examination. Section 215 – Order and direction of examination. Section 216 – Cross-examination by co-defendant of prosecution witness. Section 217 – Cross-examination by co-defendant of witness called by a defendant. Section 218 – Production of documents without giving evidence. Section 219 – Cross-examination of person called to produce a document. Section 220 – Witnesses to character Section 221 – Leading question. Section 222 – Evidence as to matters in writing. Section 223 – Question lawful in cross-examination. Section 224 – Court to decide whether question shall be asked and when witness compelled to answer. Section 225 – Question not to be asked with out reasonable grounds. Section 226 – Procedure of court in case of question being asked without reasonable grounds. Section 227 – Indecent and scandalous questions. Section 228 – Questions intended to insult or annoy. Section 229 – Exclusion of evidence to contradict answers to questions testing veracity. Section 230 – How far a party may discredit his own witness. Section 231 – Proof of contradictory statement of hostile witness. Section 232 – Cross-examination as to previous statements in writing. Section 233 – Impeaching credit of witness. Section 234 – Special restrictions respecting permissible evidence in trial for sexual offences. Section 235 – Evidence of witness impeaching credit. Section 236 – Questions tending to render evidence of relevant fact more probable, admissible. Section 237 – Former statements of witness may be proved to show consistency. Section 238 – What matters may be proved in connection with proved statement relevant under sections 40 to 50. Section 239 – Refreshing memory. Section 240 – Testimony to facts stated in document mentioned in section 239 Section 241 – Right of adverse party as to writing used to refresh memory. Section 242 – Production of documents Section 243 – Exclusion of evidence on grounds of public interest. Section 244 – Giving as evidence document called for and produced on notice. Section 245 – Using, as evidence, of document production of which was refused on notice. Section 246 – Judge’s power to put questions or order production of documents, etc. Section 247 – Power of assessors to put questions. Section 248 – Proof of previous conviction. Section 249 – Proof of previous conviction outside Nigeria. Section 250 – Additional mode of proof in criminal proceedings of a previous conviction. Section 251 – Wrongful admission or exclusion of evidence. Section 252 – Interpretation of “court” in this Part. Section 253 – Subpoena or witness summons may be served in another State. Section 254 – Orders for production of prisoners. Section 255 – Regulations Section 256 – Application. Section 257 – Repeal and savings. Section 258 – Interpretation. Section 259 – Citation.

Section 104 Evidence Act 2011

Section 104 Evidence Act 2011 is titled ‘Certified copies of public documents‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states as follows:

See also  Section 25 Nigerian Evidence Act 2011

(1) Every public officer having the custody of a public document which any person has a right to inspect shall give that person on demand a copy of it on payment of the legal fees prescribed in that respect, together with a certificate written at the foot of such copy that it is a true copy of such document or part of it as the case may be.

(2) Such certificate as is mentioned in subsection (1) of this section shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal, and such copies so certified shall be called certified copies.

(3) Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

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