Section 47 Evidence Act 2011
Section 47 Evidence Act 2011 is titled ‘When statement made under any criminal procedure legislation may be used in evidence‘. It is under Part IV (HEARSAY, OPINION AND CHARACTER EVIDENCE: RELEVANCE AND ADMISSIBILITY) of the Act. It states as follows:
A statement in accordance with sections 290 and 291 or section 319 of the Criminal Procedure Act, may afterwards be used in evidence on the trial, of any person accused of an offence to which the same relates, if the person who made the statement cannot be called for any of the reasons specified in section 39, and if reasonable notice of the intention to take such statement was served upon the person against whom it is to be read in evidence and he had, or might have had, if he had chosen to be present, full opportunity of cross – examining the person making the statement.
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Hi inioluwa, thank you for this. However, the criminal procedure act has been replaced by the administration of criminal justice act.
Does it still apply and which section is it provided?
You are right in saying that the Administration of Criminal Justice Act, 2015, has repealed the Criminal Procedure Act and Criminal Procedure Code.
In relation to Section 47 of the Evidence Act, kindly check Section 362 of the Administration of Criminal Justice Act, 2015. That might just be what you are looking for.