Character Evidence

Character evidence refers to evidence regard
ing someone’s general personality traits or propensities. It can be of a praise worthy or blameworthy nature. It can also be evidence of a person’s moral standing, general nature, traits and reputation in a community. Character evidence is usually permitted when a person’s honesty is an issue. It can also be said to be a term used in the law of evidence to describe the testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the characters or disposition of that person.
Character evidence is usually, but not always prohibited if offered to show that the person acted in conformity with that character. It can be used to prove the character of an accused. There are factors that determine the admissibility of character evidence.
1. The purpose the character evidence is being used for
2. The form in which the character evidence is being offered
3. The type of proceeding in which the evidence is offered civil or criminal.
In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him is irrelevant, except in so far as such character appears from facts otherwise relevant. That fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant. In actions for libel and slander in which the defendant does not by his defence assent the truth of the statement complained of, the defendant is not entitled in trial to give evidence in chief, with a view to mitigate for damages, as to the circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the judge unless seven days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.
But in criminal proceedings, the fact that an accused person is of a good character is relevant, while the fact that the said accused is of a bad character is irrelevant. That bad character becomes relevant when the bad character of the accused person is a fact in issue and also when the accused person has given evidence of his good character. Note that when evidence of a bad character is relevant, evidence of a previous conviction is also relevant. Any evidence given on the bad character of a party comes to no issue. (see Adejumo & Ors V. Ajani Yusuf Ayantegbe (1989( 6 S.C (pt 176) when the defendant was described by plaintiff as a dubious character who, for many years, had dealt with family lands as though they were his exclusive property. The court held that the evidence of the bad character of the defendant  was of no issue because the bad character of the defendant is not a fact in issue.

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