CLICK HERE – 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.
                                 
                                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 40 Evidence Act 2011 
 Section 40 Evidence Act 2011  is titled ‘Statements relating to cause of death ‘. It is under Part IV (HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY)  of the Act. It states as follows:  
(1) A statement made by a person as to the cause of his death, or as to any of the
 
	
	
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