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 166 Evidence Act 2011
Section 166 Evidence Act 2011 is titled ‘ Presumption of marriage‘. It is under Part X (PRESUMPTIONS AND ESTOPPEL) of the Act. It states as follows:
When in any proceedings whether civil or criminal there is a question as to whether a man or woman is the husband or wife under Islamic or Customary law, of a party to the proceedings the court shall, unless the contrary is proved, presume the existence of a valid and subsisting marriage between the two persons where evidence is given to the satisfaction of the court, of cohabitation as husband and wife by such man and woman.