Title: Contemporary law of evidence in Nigeria with comprehensive commentaries on evidence Act, 2011 Vol.1

Session 1-120

Author: Dr. Jerry Amadi

Publishers Pearl publishers

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ISBN: 9789785723908

The purpose of the evidence system (evidence of similar fact) is to show that the accused is to be guilty of the offence currently charged by simply showing that he or she had been guilty of other misconduct than the one primarily charged Contemporary law of evidence in Nigeria with comprehensive commentaries on evidence Act, 2011 Vol.1.

You would have observed by now that similar facts evidence and an accused’s bad character

reinforce each other or support the allegation made against the accused. Hence, evidence of bad character, which falls within the scope of similar facts evidence is relevant and

admissible. Whenever evidence of bad character is relevant, evidence of previous conviction

is also relevant. However, the general principle remains that:

The evidence of character of either party to a judicial proceeding is irrelevant and

inadmissible and in a criminal proceeding the evidence of bad character (reputation) of the

accused, or his previous conviction or previous acquittal is also irrelevant and inadmissible

unless the Evidence Act or other statute so permits.

In this regard admissibility of evidence system in a criminal trial would be determined by

asking, in each case whether the probative value of each evidence outweighs the prejudicial

effect: DPP V P (1991).

In civil proceedings, such evidence is admissible wherever it is relevant to determine the

matter in issue provided it would not be oppressive or unfair to the other side to do so.

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