Search LawGlobal Hub
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. 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 38 Evidence Act 2011
Section 38 Evidence Act 2011 is titled ‘Hearsay rule‘. It is under Part IV (HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY) of the Act. It states as follows:
Hearsay evidence is not admissible except as provided in this Part or by or under any Hearsay rule
other provision of this or any other Act.