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LAW OF EVIDENCE: PRIMARY EVIDENCE V SECONDARY EVIDENCE - UNDER NIGERIAN LAW OF EVIDENCE
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In the words of LORD ESHER in the case of LUCAS V WILLIAMS
Primary evidence is evidence which the law requires to be given first. Secondary evidence is evidence which may be given in the absence of that better evidence when a proper examination of the absence has been given.
This lecture explains the difference between secondary and primary evidence in line with SECTION 86 and 87 OF THE EVIDENCE ACT.
Authorities cited during the course of lecture and produced for in the Lecture Material.
JACOB v ATTORNEY GENERAL OF AKWA IBOM.
GARTON V HUNTER
LUCAS V WILLIAMS
When we talk about evidence in the context of Nigerian law, it is essential to understand the distinction between primary evidence and secondary evidence. Primary evidence refers to the original document or object that is directly related to the matter in question. For example, in a contract dispute, the primary evidence would be the actual written contract signed by the parties involved. Primary evidence is considered more reliable and trustworthy because it is closest to the original source and less likely to have been tampered with or altered.
On the other hand, secondary evidence is any evidence that is not the original document or object but is used as a substitute for the original. This could include things like photocopies, transcripts, or witness testimony about the contents of the original document. Secondary evidence is generally considered less reliable than primary evidence because it is one step removed from the original source and could be subject to inaccuracies or manipulation. However, in certain circumstances where it is not possible to produce the primary evidence, courts may allow the admission of secondary evidence.
In Nigerian law, the distinction between primary and secondary evidence is crucial in determining the admissibility and weight of the evidence presented in court. Judges rely on the rules of evidence to evaluate the credibility and relevance of the evidence provided by both parties in a case. Understanding the difference between primary and secondary evidence is essential for legal practitioners to effectively present their case and for the court to make fair and informed decisions based on the evidence presented before them.
CONTACT ME-
INSTAGRAM: Dieko_Daniels
LinkedIn: Diekolola Daniels
Primary evidence is evidence which the law requires to be given first. Secondary evidence is evidence which may be given in the absence of that better evidence when a proper examination of the absence has been given.
This lecture explains the difference between secondary and primary evidence in line with SECTION 86 and 87 OF THE EVIDENCE ACT.
Authorities cited during the course of lecture and produced for in the Lecture Material.
JACOB v ATTORNEY GENERAL OF AKWA IBOM.
GARTON V HUNTER
LUCAS V WILLIAMS
When we talk about evidence in the context of Nigerian law, it is essential to understand the distinction between primary evidence and secondary evidence. Primary evidence refers to the original document or object that is directly related to the matter in question. For example, in a contract dispute, the primary evidence would be the actual written contract signed by the parties involved. Primary evidence is considered more reliable and trustworthy because it is closest to the original source and less likely to have been tampered with or altered.
On the other hand, secondary evidence is any evidence that is not the original document or object but is used as a substitute for the original. This could include things like photocopies, transcripts, or witness testimony about the contents of the original document. Secondary evidence is generally considered less reliable than primary evidence because it is one step removed from the original source and could be subject to inaccuracies or manipulation. However, in certain circumstances where it is not possible to produce the primary evidence, courts may allow the admission of secondary evidence.
In Nigerian law, the distinction between primary and secondary evidence is crucial in determining the admissibility and weight of the evidence presented in court. Judges rely on the rules of evidence to evaluate the credibility and relevance of the evidence provided by both parties in a case. Understanding the difference between primary and secondary evidence is essential for legal practitioners to effectively present their case and for the court to make fair and informed decisions based on the evidence presented before them.
CONTACT ME-
INSTAGRAM: Dieko_Daniels
LinkedIn: Diekolola Daniels
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