SOME ASPECTS OF REFORM IN THE NIGERIAN LAW OF EVIDENCE

The most important aim of law is to regulate the society wherein it is made. Such law must therefore, in order to be efficacious, be relevant and represent the yearnings and aspirations of such a society. Where certain “legal rules are too remote or too advanced for a particular society, the situation created will be like putting a square peg in a round hole. The most unfortunate fact is that while the English Law of Evidence is frequently being reformed and fine-tuned by Judicial decisions and legislative activity, Nigerian Law of evidence has since it was enacted in 1945 remained largely untouched, despite its ‘many problems. The result is that a number of English decisions' and enactments” on which our provisions are based have been repealed or reserved to resolve difficulties experienced in their operation, while our provisions have remained unchanged. It is therefore our intention and purpose to highlight some areas of our law of evidence that need to be reformed.