Relevance Of Evidence

Facts which though not in issue, are so
connected  with a fact in issue as to form part of the same transaction as relevant, whether they occurred at the same time and place or at different times and places.  (Section 7, Evidence Act 2011).  In other words relevant evidence is evidence tending to prove or disprove a matter in issue.  It is both probative and material.  It is also admissible unless excluded by specific statue or rule.  It is therefore only evidence of relevant facts which are admissible in evidence. Therefore admissibility is dependent on relevancy.  In Nwabuoku V. Onwordi, (2006) All FWLR (Dt 331) 1236 at 1251, the Supreme Court held that admissibility of evidence is based generally on relevancy, as a fact in issue is admissible if it is relevant to the matter before the court.  It concluded therefore that relevancy is the precursor of admissibility, what is not relevant is also not admissible.
Relevancy of facts is governed and determined  by the provision of the Evidence Act 2011.  Section 1 of the Act provides that evidence may be given in any suit or proceedings of the existence and non-existence of every fact in issue and of such other facts are herein after declared to be relevant, and of no other, provided the court may exclude evidence of facts, which though relevant or deemed relevant to the issue, appear to it to be too remote to be material in all the circumstances of the case. As a general rule, it is only facts in issue, as well as facts which are relevant to the fact in issue that can serve as the foundation for the admissibility of a piece of evidence.
Facts which are the cause or facts which are the state of things under which they happened or which afforded an opportunity for their occurrence are relevant.  For clarity three categories of facts are decipherable, and they are:
1.    Facts which are the occasion, cause or effect, immediate or otherwise of relevant facts;
ii   Facts which are the state of things under which they happened; and
iii    Facts which afford an opportunity for their occurrences. section 5 of the Evidence Act 2011 all the above categories of facts are relevant.
Admissible evidence under the Evidence Act is evidence which is relevant and it should be borne in mind that what is not relevant is not admissible: Agunbiade V. Sasegbon (1968) NMLR 223 at 226, Per Coker JSC.  It is also noteworthy  that some relevant evidence is inadmissible and some admissible evidence is irrelevant. When it is said that a piece of evidence is admissible, it simply means that the evidence is relevant and it is one which can be admitted in a judicial proceeding, because it does not offend exclusionary rule.  Relevancy  follows the provisions of the law.  Thus, fact that are declared to be commonsensical relevant are so by the  application of the law.  However, a fact which is commonsensical not relevant can be declared relevant by the provisions of the law.
Relevant Evidence therefore is both probative and material, and is admissible unless excluded by a specific statue or rule.

Nkechi Bright Ewere