to show a disposition towards a particular issue must be excluded unless justified, then the justification of evidence of this kind is that it tends to rebut a defence otherwise open to the adduced; but if one starts with the general proposition that all evidence that is logically probative is admissible unless excluded, when evidence of this kind does not have to seek a justification but is admissible irrespective of the issues raised by the defence and this we think is the correct view”.
Lord Goddard’s position was overruled by The Privy Council when it confirmed the position as presented by Lord Herschel.
Similar Facts Evidence may be admissible if there is a special connection (i.e. a nexus), between the facts in issue and the similar facts. Such special connection or nexus may arise from the following:
Modus operandi, or system
Common origin
Abnormal propensities
Thus, from one of the illustrations given above, if Kodjo had sought to adduce evidence that the beer he supplied to Haruna and Dogo were brewed together, it would be evidence of common source or origin and thus, will be admissible. On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it inadmissible. If it be relevant to the crime before the jury and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental, or to rebut a defence which would otherwise be open to the accused.
Similar Facts under the Law of Evidence
Section 1 Evidence Act 2011: Evidence may be given of facts in issue and relevant facts. The Act provides as follows:
Evidence may be given in any suit or proceeding of the existence or non-