Usman has been doing so over a number of years is evidence of similar facts admissible on the ground that it tends to show one continuous transaction.
Evidence which tend to establish Identity
Facts which establish the identity of any person or thing in issue. Fact which fix the time and place connecting fact in issue to relevant fact or a party with some transaction.
Evidence of similarity of characteristics, age, photographs, handwriting, opportunity, finger prints possession of stolen goods, special knowledge or skill etc.
Illustration : Kunle is indicted for murder of Mr. Rich. Evidence of Kunle’s pecuniary embarrassment is relevant to show that his motive was to obtain deceased’s property.
Evidence which tends to show that a conduct, which may be lawful or unlawful, depending on the intent with which it was done was, in fact,
Evidence which tends to show that the material found in possession of the accused was possessed for an unlawful rather than a lawful
Evidence which tends to show a design, or systematic conduct
Evidence which tends to prove knowledge
Evidence which tends to corroborate the evidence of a prosecution witness
The Exclusionary Aspect of Similar Facts
There are several acts that may ordinarily qualify to be similar facts but which the court has no power to receive because such facts are statutorily excluded from been accepted or admissible. Such provisions include:-
Section 1 Evidence Act, 2011: Evidence may be given of facts in issue and relevant facts
Evidence may be given in any suit or proceeding of the existence or non- existence of every fact in issue and of such other facts as declared to be relevant and of no others. Provided that
The court may exclude evidence of facts which through relevant or deemed to