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This is a companion volume to The Law of Evidence in Nigeria (Aguada, 1974). It specifically reports Nigerian cases conducted under Nigerian jurisdiction and the principles of stare decisis in Nigerian jurisprudence, as opposed to cases under foreign jurisdiction, and therefore addresses a perceived imbalance in the documentation of decisions under Nigerian law of evidence as against foreign decisions. The work is organised under the following headings: preliminary matters; relevancy; proof; documents; production and effect of evidence; and witnesses. The author is a member of th Nigerian Court of Appeal and has written on many aspects of Nigerian law, particularly women's and human rights issues.
The Evidence Act, 2011, repealed the old Evidence Act. In doing so, the new Act introduced some changes in the Law of Evidence. Ever since, there has been an urgent need for scholastic guidance, in the proper approach to the interpretation of the provisions embodying those changes. This is particularly so, as the courts have been issuing contradictory interpretations of these provisions. In his new book, Law of Evidence in Nigeria: Practice and Procedure, the veteran author and urbane man of letters, Professor Simon Uchenna Ortuanya, masterfully plumbs the intention of the draft's persons of the Act. The result is a five-hundred-and-forty-page treatise of redoubtable erudition. The succinct titles of the different chapters are quite captivating just as the logical presentations of ideas are very illuminating. The book bears the imprints of the erudite author's versatility in the Law of Evidence - a course he has taught, admirably, in two public universities years.
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Preface.
This book, The Nigerian Law of Evidence, is inspired by the author’s lecture notes on the subject at School of Law, Department of Common Law, Kwara State College of Arabic and Islamic Legal Studies, where he taught for nearly a decade before moving on to the Department of Public Law, University of Ilorin, Ilorin, Nigeria, since 2001. In addition to being a basic text, current and most recently decided cases relating to the subject are cited and particularly the innovation introduced into the amended Act 2011 Cap E14 Laws of Federal Republic of Nigeria. A highly recommended book for law students, law teachers, legal practitioners, judges and magistrates.
Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election-fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.
This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.
The Digest of Judgments of the Supreme Court of Nigeria (DJSCN), is a legal practice book, which is a comprehensive compendium of Nigerian case law at the apex level of the Nigerian Judiciary. The DJSCN, is produced in four volumes which comprise the judgments of the Supreme Court of Nigeria for over a period of forty-three years. The first and second volumes cover the judgments of the Supreme Court on Practice and Procedure, Courts, Criminal Law and Procedure and Evidence. The last two volumes cover contemporary issues in different branches of law.
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.