generally irrelevant and inadmissible but there are exceptions, which may be subject to the discretion of the judge to reject it where its judicial effect outweigh its relevance similar facts evidence. Such Similar fact is relevant to:-
Evidence which tends to rebut a defence of accident or mistake were the fact in issue is alleged crime or tort involving guilty knowledge or intention. In R v Geering (1849), G was charged with murder of her husband by administering arsenic poison.The prosecution was to call evidence showing that:
G cover for him and gave him his food. Her two sons who lived with her had died of arsenic poisoning
Her third son had taken ill from the same arsenic substance
The defence substance objected but the court overruled. Admitting the evidence, the court explained that it tended to show that the death of accused’s husband had not occurred by mere accident but by deliberate design.
Illustrations
Zakari advertises falsely that he carries on trade as a dairyman and famer and obtains eggs on credit from Aremu. Subsequently by the same devices, Zakari also defrauds Kuku; and Danjuma on different occasions. The three different incidents are evidence of similar facts, and are admission to prove intention.
Evidence which tend to prove the main fact in issue. Eg. When the similar facts are intermixed with the fact in issue as to form one transaction – when the similar facts and the fact in issue form a series of acts done in pursuance of someone design, constituting a continuous course of action
Illustration: Usman is charged with stealing gas from PHCN in February 2011. There was evidence that he had taken the Gas from the Gas Main, by means of a pipe, for use in his own factory. The evidence that