Course Title: Law of Evidence, (PUL401) (4 Credits/compulsory)

Course Title: Law of Evidence, (PUL401) (4 Credits/compulsory)
Hours of Work: 4 hours x 15 = 60 hours
Semester Harmattan
Lecturer: N. A. O. IJAIYA
Qualification and Title: LL.B (Hons) BL
LL.M (Ife), CLD (I.A.L.S).

Department of Public Law
Faculty of Law,
University of Ilorin,
Kwara State, Nigeria.

E-mail: [email protected] and [email protected]

Office Location: Department of Public Law, Faculty of Law,
University of Ilorin

Consultation hours: Monday: 8.00 am – 3.30 pm

Course Content: General Introduction, sources of the Nigerian Law of Evidence; Direct and
Circumstantial Evidence, Facts in Issue and Relevant Facts, Complaint,
Similar facts Evidence and Res Gestae.

Course Description: This Course is a constituent of Harmattan semester’s Law of Evidence. The
Course is basically going to discuss, the General Introduction, sources of the Nigerian Law of
Evidence; Direct and Circumstantial Evidence, Facts in Issue and Relevant Facts, Complaint,
Similar facts Evidence and Res Gestae.

Course Justification:
In the administration of justice in Nigeria a person who approaches court for the application of
legal rules or principles in the determination of a fact in dispute must establish the existence or
non-existence of that fact and this of course, is done by evidence. This is because, problem lies
not in the court’s ascertainment of the applicable law or rule but with proof of that fact without

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which the right or relief claimed cannot be obtained. The usual means of proving or disproving
any matter of dispute before a court in Nigeria is by Evidence

Considering the importance of Evidence in any judicial proceeding before any Nigerian Court it is
expected that at the end of the course students should have had adequate knowledge of all the
basic components of the Law of Evidence and appreciate the limitations, the essential elements
thereof, and workings of Evidence in courts.

Course Objectives
The most significant object of the course is to help the Students have a better understanding of the
Law of Evidence in administration of justice in Nigeria.

That the students appreciate the importance of the Law of Evidence as a means of assisting
litigants in establishing or denying of facts asserted or denied before a court of justice.

It is also aimed at further strengthening the understanding of the students to appreciate the
rationale behind the legal requirement of evidence in proceedings.

Course Requirement:
 This is a compulsory course for all students studying Law. In view of this, students are
expected to participate in all the course activities and have minimum of 75%
attendance to be able to write the final examination.
 The students must be involved in the preparation; participation and presentation of
seminar in the class include general discussion.
 They will also be expected to treat study question and assignments.
 Students are also expected to have e-mail accounts.

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Methods of grading: SCORE%
NO ITEMS 5
1 SEMINAR PRESENTATION 25
2 CLASS ASSIGNMENT/TEST 70
3 COMPREHENSIVE FINAL EXAMINATION 100
4 TOTAL

Course Delivering Strategies: The lecture will be delivered through face-to-face interactive
method with brief theoretical (lecture notes) provided during lecture. Students will be encouraged
and required to read around the topics and follow current issues in the judicial arena. Additional
materials and link will be provided during tutorial sessions and review of study questions.

Seminar Schedule: Students are going to be divided into group of 10. Each group will be given a
topic for seminar presentation in class for discussion.

Lectures:
Week: 1
Topic: General introduction to the Law of Evidence, definitions, nature, scope, rule of evidence
and classification of evidence.

Objective: At the end of the week, students are expected to:
i. Have an insight to the Law of Evidence practice and procedure
ii. Understand in general the term the “Law of Evidence” in Nigeria
iii. Appreciate the importance of the Law of Evidence nature, classification and scope.

Description: The topic will focus on the outline listed herein under,
i) Definition of terms in evidence, fact or facts in issue etc
ii) Brief introduction of the law of evidence in general perspective.
iii) Brief discussion on the nature and scope of Law of Evidence and.
iv) Brief discussion on the rules and classification of Evidence

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Study questions
i) Examine Evidence and its nature in judicial proceedings?
ii) Discuss the connections between evidence and fact in judicial proceedings?
iii) Highlight the relationship between the Evidence Act and Common Law Rules?

Week: 2
Topic: Sources of the Law of Evidence
Objectives:

i. To enable the students understand the basis of the Law of Evidence in Nigeria.
ii. To enable the students know various source of the Law of Evidence in Nigeria
iii. To enable the students appreciate the importance of the Law of Evidence in

judicial proceedings.

Description: The topic will focus on the outline herein under
i) English Common Law as the first basis of the Nigerian Law of Evidence
ii) The Evidence Act as the main source of the Nigerian Law of Evidence
iii) The various constitutional provisions on fundamental human Rights relating to
Evidence.

Study questions
i) Discuss the various sources of the Nigerian Law of Evidence
ii) Examine the provisions of the Constitution relating or connecting with the Evidence
the provocation particularly what may constitution provocation in law.

Week: 3
Topic: Means of proof Direct (oral, real. Documentary) and Circumstantial evidence
Objective:

i. To enable the students understand various means of proof of fact in court.
ii. To enable the students know the basic requirements/constituent and procedure for

using any of the means of proof in judicial proceeding in court.
iii. To enable the students appreciate the significance of relying on the various means

of proof and effects.

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Description: The topic will focus on the outline listed herein under,
i) Basis and meaning of means of proof
ii) The constituent of the means of proof
iii) The essential element or ingredient of the means of proof
iv) Effect of successful judicious use of the means of proof in establishing the existence
and non-existence of fact being contested in any judicial proceedings.

Study questions
i) Enumerate and explain the concept “means of proof”?
ii) Circumstantial evidence is also known as best evidence in the absence of direct
evidence to proof a fact; discuss.

Week: 4
Topic: Facts in issue and relevant Facts.
Objective:

i. To enable the students understand what a fact is and what fact in issue is in any
matter of dispute in judicial proceeding.

ii. To enable the students know what fact is relevant and or irrelevant to be proved in
judicial proceedings.

iii. To enable the students know what is relevancy and admissibility and distinction
between the two.

iv. To enable the students appreciate the facts, which are relevant under special
circumstances.

Description: The topic will focus on the outline listed herein under,
i) Basis and meaning of fact and fact in issue
ii) Relevancy and admissibility
iii) Facts relevant under special circumstances
iv) The essential elements or ingredients facts, which is relevant and admissible

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Study questions
i) A fact is anything or relation of things capable of being perceived by any of the senses,
discuss?
ii) Discuss the term fact in relation to relevancy and admissibility.

Week: 5
Topic: Proof of facts, facts admitted and facts judicially noticed.

Objectives:
i. To enable the students understand what and the type fact to be proof in judicial
proceedings.
ii. To enable the students know the rationale behind removal of admitted fact from
being proved.
iii. To enable the students appreciate the rationale behind the fact the court must take
judicial notice and presume the existence of a fact in judicial proceedings.

Description: The topic will focus on the outline list herein under,
i) basis and meaning of proof of facts
ii) fact admitted and it types
iii) facts court must take judicial notice of
iv) facts which existence must take be presumed until the contrary is proved

Study questions
a) Examine the condition for the applicability of fact admitted as fact that need not be prove
in court
b) Distinguish between facts judicially noticed and facts presumed

Week 6: Tutorial and Discussion
Description: these will be a general discussion and interaction all the topics treat in the previous
weeks.

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Objectives: To refresh the students’ memory on all the topic so far treated in the previous
i. week.
To determine or test the students’ level of understanding of the topic so far
ii. examined.
To further broadened the knowledge of the students on the topics.
iii.

Tutorial questions:
i) Admitted facts need not be proved, discuss with examples?
ii) When a fact is judicially noticed it is not necessary to proof same, discuss with
examples?

Week 7
Topic: Similar Facts Evidence (sections 7 – 18)
Facts, which though are not in issue but are so connect with the fact in issue to the extent of
making its existence probable or improbable are relevant fact, these are similar fact.
Objectives:

i. To enable the students understand the facts with are similar in other and relevant to
establish a fact in issue.

ii. To enable the students appreciate the importance of similar facts in law and the
effects in proving the existence or nonexistence of fact in issue.

Description: The topic will focus on the sections 7,8,9 and 10 of the Evidence Act.

Study questions:
a) A fact, which is not otherwise relevant, may be relevant Discuss
b) Discuss the similarities and differences between Res gestae and section 7 of the
Evidence Act?

Week 8
Topic: Similar Facts evidence (section 11 – 18)

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Objectives:

i. To enable the students understand the facts with are similar on other and relevant
to establish a fact in issue.

ii. To enable the students appreciate the importance of similar facts in law and the
effects in proving the existence or nonexistence of fact in issue.

Description: The topic will focus on the sections 11 -18 of the Evidence Act.

Study question
a) Examine section 11 of the Evidence Act in relation prove act of conspiracy.
b) A fact which is otherwise relevant may not be admissible in evidence. Discuss

Week: 9
Topic: Res gestae (
Objective: Res geatae is a common law principle applicable Nigeria thus the objects of the topic
are thus;

i. To enable the students know the origin of the doctrine in Nigeria
ii. To enable the students the rationale behind the doctrine of Res Gastae
iii. To enable the students know the basic requirement/constituents of the doctrine in

prove fact in judicial proceedings

Description: The topic will focus on the outline listed herein under,
i) Basis and meaning of Re gestae
ii) The essential element or ingredients Res gestae
iii) How it applicable in Nigeria

Study question
i. Examine res gestae and it relevance in Nigeria
ii. Compare the doctrine of res gestae with section 7 of the evidence Act.

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Week: 10
Topic: Res gestae and section 7 of the Evidence Act
Objectives:

i. To enable the students know the relationship between res gestae and section 7 of
the Evidence Act.

ii. To enable the students understand the scope and extent of res gestae and section 7
of the Evidence Act

iii. To enable the students appreciate the significance of the doctrine and is connection
with section 7 of the Evidence Act

Description: The topic will focus on the conditions, similarities, differences of the doctrine of res
gestae and section of the Evidence Act

Study questions
i. Examine res gestae and section 7 of the Evidence Act?
ii. Discuss the Common Law origin of Res gestae and it influence on the Nigeria Law
of Evidence?

Week 11: Tutorial and discussion
Objectives:

i. To refresh the students’ memory on all the topic so far treated in the previous
week.

ii. To determine or test the students’ level of understanding of the topic so far
examined.

iii. To further broadened the knowledge of the students on the topics.

Description: There will be a general discussion and interaction on all the topics treated in the
previous weeks that is similar fact evidence, res gestea and section 7 of the Evidence Act

Tutorial questions:
i) Section 5 (a) of the Evidence Act can be used to admit the doctrine of res gestae.
Discuss

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ii) Section 7 of the Evidence Act is wider in scope than the doctrine of res gestae.
Discuss.

iii) Discuss the relationship between circumstantial evidence and similar fact evidence.

Week: 13
Topic: Presumption of fact.
Objective: To enable the students understand what is presumption and the fact which the court
must presumed

i. To enable the students know the different types of presumptions.
ii. To enable the students appreciate the importance and the distinctions between

presumptions of law presumption of fact.

Description: The topic will focus on the outline listed herein under,
i) The basis and meaning of presumption
ii) The types of presumption
iii) The distinction between presumptions of law presumption of fact.

Study questions:
i. Discuss presumption of withholding evidence and the condition to be established
subject to its acceptance?
ii. A was a defendant in a civil suit, he called 3 witnesses in support of his defence, B
who was the plaintiff alleged that A withheld evidence because he refused to call a
particular witness. Discuss.

Week 14: Revision/Tutorial Exercises
Description: Students are expected to seek explanation on any difficult concept or topic treated
during the course. The advanced courses that will treat the considered topic in detail will be
highlighted
Study Questions:

1) Briefly discuss the presumption of withholding evidence
2) Distinguish between the term res-gestae and section 7 of the Evidence Act
3) What is a fact?

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What is a fact in issue?
4) Examine the term Relevancy and Admissibility
5) List the constituents of presumption of law.
6) Give examples of fact which court may take judicial notice of.

Week 15
Topic: Examination
Objective
To examine the students at the end of the semester on all the topic taken through the weeks
Reading List.
Nwadialor, Modern Nigerian Law of Evidence
Afe Babalola; Law & Practice of Evidence in Nigeria (Sibon Books Ltd. 2001)

T.A, Aguda; The Law of Evidence (Spectrum Book LTD. 1999)

Hatchard and Ndulo; The Law of Evidence in Zambia (Multimedia Publications, 1991)

Irruiag Klein; Law of Evidence for Police (2nd Edition) (West publishing co; 1978)

Charles C. Scoh; Photographic Evidence (West publishing Co. 1993)

J.D. Heydon; Evidence Cases and Materials. (London Butter Worth. 1984)

Tracey Aquico; Essential Evidence, (Cavendish Publishing Ltd. 1997)

R. Cross and C. Taper; Cross on Evidence, (Butter worth, 1985)

R. Eggleston; Evidence, Proof & probability¸(Butter and Tanner ltd, 1978)

Phipson and Elliot. Manual of the Law of Evidence (Sweet & Maxwell, 1980)

J. H. Buzzaid, R. May, M.N. Howard, Phipson on Evidence (Sweet & Maxwell, 1982)

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L J Acdrew, C.; Hearsay & Confrontation in Crimnal Trial (Clarendon press, oxford, 1996)
Adrian Keane, (The Modern Law of Evidence (Butter Worth’s, 1994)
I.H. Dennis, (The Law of Evidence (Sweet & Maxwell, 2002)
C. Taper & C. Taper on Evidence (Butter Worth’s 1995)
Steve Uglow; Evidence, Text & Materials (Sweet & Maxwell, 1997)
Alan Taylor, Principle of Evidence, (Cavendish Publishing 1995).

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