A Legal Examination of Persistent and Contentious Issues on the Obtaining and Application of Evidence in Courts’ Proceedings in Nigeria

Abstract

Adjudication is carried out on relevant, admissible and available evidence before the law court. These pieces of evidence are obtained, kept and tendered in court based on carefully laid down laws, rules, procedure and processes by statutorily established institutions and individuals. Evidence could be physical, documentary or oral in nature. It can also be classified as primary and secondary evidence in which case; different requirements of the law must be met for their acquisition and admission by courts. Evidence can be obtained by search of premises with or without search warrants or through investigation that include interrogation of suspects or witnesses by law enforcement agencies and the tendering of evidence in court by witnesses. Issues relating to the obtaining of evidence, legality or otherwise of the means of obtaining this evidence and the requirements for tendering them in court for considerations are recurring and seems irresolute, despite the creation of new agencies and laws saddled with these crucial 
duties. This work is therefore targeted at having an in-depth study of the laws in the area of obtaining and 
presentation of evidence before the law court for the resolution of disputes and declaration of rights between contending parties. This is of importance, since cases are decided on preponderance or weight of evidence presented by parties in court. Doctrinal research methodology is employed in this work. It is the findings of the work that, most cases in court end in dismissal due to lack of evidence, or improperly 
obtaining and handling of it, and wrongful or lack of proper adherence to laid down procedure of tendering evidence in court. The research recommended among others, a streamlining of the laws and institutions regulating evidence in Nigeria and a proper training of officers or personnels in charge of evidence law in Nigeria.