which allows the admissibility of evidence which apart from the Act would be admissible.
A closer look at the Evidence Act 2011 tends to show a technical content departure from the above position as the provision of Section 5 of the Evidence 1990 is no longer retained in its entirety in the Evidence Act 2011 which has altered the position that nothing will prejudice the admissibility of any evidence which apart from the provision of the Act be admissible. The Evidence Act 2011 now subjects the admissibility of any evidence other than the one provided in the Act only to those contained in any other legislation in Nigeria. See Section 3 Evidence Act 2011, it provides thus;
Nothing in this Act shall prejudice the admissibility of any evidence that is made admissible by any other legislation validly in force in Nigeria.
It is noteworthy, that by the application of the principle of Stare Decisis, any case in which our courts have made pronouncements using the MAKIN’s case as a bench mark will make the same position as applied under Section 5 of the Evidence Act 1990 to be applicable under Section 3 of the Evid ence Act 2011, because judges decisions are also part of the Nigerian Legislation.
On Similar Facts evidence, it is very important for you to know that for an evidence of previous act to be given to sustain a charge, the defence of the accused must not be an outright denial of the offence charged and such evidence must be very connected to the acts of the accused . See the case of Al-Hassan v Commissioner of Police [1944] 10 WACA 238 . Here the Court held that the evidence of previous extortion of bribes from other persons is inadmissible on the ground that the evidence has no bearing with the present charge.
Similar Facts evidence