ADMISSIBILITY OF DOCUMENTS ATTACHED TO AFFIDAVIT EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT 2011

Abstract

The hallmark of admissibility of evidence, documentary or oral is whether or not the piece of evidence sought to be tendered is relevant to the facts in issue in any judicial proceedings. Nevertheless, the Evidence Act, 2011 has made provisions rendering some documents inadmissible in evidence in some circumstances, though they are relevant. These exclusionary rules of evidence operate to exclude some species of evidence as either totally inadmissible or only admissible upon some conditions. It is trite law that depositions contained in an affidavit are by law evidence upon the filing of the affidavit and if not challenged, the court will act upon them as deemed appropriate. In matters done by use of affidavit evidence, the documents relied upon by the parties are put before the court as exhibits attached to affidavit in support of such application and upon filing the affidavit, the document become admitted evidence without the necessity of being tendered by a witness from the witness box. Unfortunately, considering the level of technological advancement as well as the erosion of societal values, particularly integrity, the need has arisen to find a way of ensuring the authenticity of documents attached to affidavit evidence. This work has, in that regards, agitated the admissibility of documents attached to affidavit evidence, bearing in mind the provisions of the Evidence Act, 2011 and Case Law on the admissibility of documentary evidence.