EVIDENCE ACT, 2011
Act · Finance
Policy date: 2011-01-01
An Act governs the rules for admitting evidence in federal courts in Nigeria. It targets judges, lawyers, and litigants to ensure fair trials with provisions for electronic evidence.
EVIDENCE ACT, 2011
What Is This Policy?
The principal legislation governing the admissibility of evidence in all proceedings in federal courts and FCT courts in Nigeria, providing rules on documentary, electronic, and oral evidence.
Who Does It Target?
Judges and magistrates in federal and FCT courts Legal practitioners and prosecutors Parties to litigation and criminal proceedings Law enforcement agencies gathering evidence
What Does It Aim to Achieve?
Provide clear, modern rules for the admissibility and evaluation of evidence that ensure fair trials, prevent admission of unreliable evidence, and accommodate electronic evidence.
Key Features
Electronic Evidence: Expressly provides for the admissibility of electronic documents, emails, and computer-generated records subject to authentication requirements. Hearsay Rule: Maintains the general prohibition on hearsay evidence while codifying recognised exceptions. Confessions: Regulates the admissibility of confessions, requiring voluntariness and exclusion of evidence obtained by oppression or inducement. Expert Evidence: Governs the admission of expert opinions and the qualification of expert witnesses.
Current Status
Rollout Stage: Active - governs all federal court proceedings Coverage: Federal courts and courts in the FCT Beneficiaries: Parties to litigation; justice system users Funding: Federal Government judicial budget
How to Access
All parties must comply with the Evidence Act when presenting evidence in federal courts Electronic documents must meet authenticity and integrity requirements to be admissible Application method: Evidence Act applies automatically to all relevant court proceedings.
Important Terms
Confessions extracted under torture or inducement are inadmissible Electronic evidence must be certified by the person responsible for the device States have their own Evidence Laws for state court proceedings
Impact & Metrics
Modernised Nigerian evidence law to accommodate digital evidence and align with international standards for fair trial.
Official Resources
Website: https://www.justice.gov.ng Contact: Federal Ministry of Justice
Legal Framework
The Evidence Act 2011 is the primary legislation on evidence in Nigerian courts. It repealed and replaced the Evidence Act 1958 and operates under Section 36 of the 1999 Constitution (right to fair hearing). It aligns with the Administration of Criminal Justice Act 2015 (on criminal evidence), the Companies and Allied Matters Act 2020 (on corporate document evidence), and international standards from the UNCITRAL Electronic Commerce Model Law on electronic evidence admissibility.