Relevant Evidence

Relevant evidence is the evidence that directly relates to the issues disputed or discussed. Under the Nigerian Evidence Act, there is no outright definition of relevant evidence but Section 4 of the Evidence Act 2011, deals with relevance of facts, the fact may not be in issue, but are so connected with the fact in issue, the Act makes them relevant. In Jolayomi V. Olaoye (1999) 10 NWLR (pt 629) 600 CA, the court in interpreting section 7 of the old Evidence Act now section 4 stated that that the trial court was right when it went beyond the 1931 settlement to know the essential situation before them.
The court considered the historical background beyond 1931 to determine who was entitled to present candidate to fill any vacancy in the Ejemu Alawu Chieftaincy stool of Arandun. When the matter was appealed, the Court of Appeal affirmed the position of the lower court.
When an evidence is found to be relevant, it will be admissible not minding the mode at which it was obtained. In other words, for a piece of evidence to be admissible, it must be relevant. In Nwabuoku V. Onwondi (2006) All FWLR (pt 331) 12 36 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. Relevancy of fact is governed and determined by the provisions of the Act relating to relevancy. 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. For instance, section 7 of the Evidence Act, 2011, the following facts are regarded as relevant to a fact in issue;
(a) facts necessary to explain or introduce a fact in issue relevant fact,
(b) facts which support or rebut an inference suggested by a fact in issue or relevant fact;
(c) facts which establish the identity of anything or person whose identity is relevant;
(d) facts which fix the time or place at which any fact in issue or relevant fact happened; or
(e) facts which show the relation of parties by whom any such fact was transacted.
In Obasanjo v. Seaview Investment Ltd (1993) 9NWLR (pt 317) 327 at 328, the Court of Appeal held that a fact which introduces a fact in issue is relevant notwithstanding the fact that such a fact may be scandalous. Note that all relevant facts must be proved.
The provisions of the Evidence Act makes it applicable that evidence may be given of the existence or non-existence of a fact but relevancy is the key word. The admissibility of evidence is governed by Section 1 of the Evidence Act 2011. Once a piece of evidence is relevant, it is admissible in evidence.

Nkechi Bright – Ewere