BRIEF ANALYSIS OF SECTION 4-13 OF THE NIGERIA EVIDENCE ACT 2011 AS AMENDED

       Those sections contain relevant facts, that is fact which are relevant to the facts in issue, those kinds of facts are allow to be prove in the Court of law, thus Evidence act is not applicable to all courts of law, however you can read more on courts allowed to apply the provisions of the evidence act, for the seek of clarity all sections shall be treated seriatim and in deferent headings

1. Facts forming part of same transaction 

      Sec 4 of E.A 2011 as amended, provided some certain categories of admissible facts which even if they are not in issue (Fact in issue) as far as they are so connected to the facts in issue of they form part of the facts in issue then such facts are relevant thus the section provide as follow:

"Facts which, though not in issue. are so connected with a fact in issue as to form part or the same transaction. are relevant. whether they occurred at the same time and place or at different times and places."

      From the foregoing section it is obvious that two admissible and relevant facts comes ware provided therein

A. Facts which occurred in same place and same time with the fact in issue or,

B. Facts which occurred in a deferent time and place from the fact in issue

      However, from the A and B above the facts must be so connected with the facts in issue so as to form part of the fact in issue, see the case of ISHOLA V THE STATE; in this case the court held that:

"Surely the general rule in criminal law as well as civil case is that the evidence must be confined to the point in issue, it can not be apply where the fact which constituted distinct offence and at the same time form part of the transaction which is the subject of charge, evidence is necessarily admissible as to that which are closely mixed up with the list of the criminal act itself as to form part of one"

2. Facts which are the occasion cause and effect of fact in issue

      Sec 5 of E.A 2011 as amended, provided for the relevancy of fact showing the occasion, cause or effect of the fact in issue, thus the section provide as follow:

" Facts which are the occasion, cause or effect. immediate or otherwise, of relevant facts. or facts in issue. or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction. are relevant."

From the foregoing it's relevant to prove that an accused is suffering from Kleptomania that compel him to steel, in order to show the cause of the theft see the case of R V STEWUAT; it was held that marks made on the ground as a result of his struggle which an offence of murder was committed are relevant facts in proving a case of murder

3. Facts relating to motive, preparation and conduct

      By virtue of Sec 6 (1) of E.A 2011 as amended proving the motive of doing an act that constitute the fact in issue is relevant thu the fact provided as follow

" Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact."

       From the foregoing any fact which indicate a motive or preparation for any fact in issue is relevant, likewise the conduct of any party is also relevant, see also the case of R V CHRIS 

     It is Worthy of note that even without prove of motive conviction will held, evidence of motive only facilitate proof, in the case of JIMOH ISHOLA V STATE it was held that; the motive in a charge of murder is not sine qua non to convict, yet if evidence of a motive is available it will not be irrelevant fact but it will be admissible evidence. 

4. Explanatory and introductory facts

      Under sec 7 of the Evidence act 2011 as amended, facts necessary to explain or introduce facts which support facts in issue are admissible, likewise facts which support or rebut an inference suggested by facts in issue or relevant facts, thus sec 7 of the evidence act 2011 as amended provided as follow:

7, Facts

(1) necessary to explain or introduce a fact in issue or relevant fact;

(b) which support or rebut an inference suggested by a fact in issue or relevant fact;

(c) which establish the identity of anything 01" person whose identity is relevant:

(d) which fix the time or place at which any fact in issue or relevant fact happened:

or

(e) which show the relation of parties by whom any such fact was transacted. are relevant in so far as they are necessary for that purpose.

      It can be observed from the foregoing section  that evidence of identification parade is admissible it the issue before the court is to determine the identity of the accused person, see the case of EMEKA V STATE

5. Things said or done by conspirators in relation to a common intention

      Under sec 8 of the evidence act 2011 as amended, where there is a reasonable ground to believe that two or more person have conspired to commit an offence any thing said, done or writing by any of such person in furtherance of such common intention (conspiracy), after the time such conspiracy was first entertain by any of them, then such things said, done or writing is a relevant fact as against all of the conspirators

      Thus the section provided as follow:

8. (1) Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong. anything said, done or written by any one of such persons in execution or furtherance of their common intention, after the time when such intention was first entertained by one of them, is a relevant fact as against each of the persons believed to be so conspiring, for the purpose of proving the existence of the conspiracy as well as [or the purpose of showing that any such person was a party to it.

(2) Notwithstanding subsection (I) of this section, statements made by individual conspirators as to measures taken in the execution or furtherance of such common intention are not deemed to he relevant as such as against any conspirator,except those by whom or in whose presence such statements arc made.

(2)Evidence of acts or statements deemed to be relevant under this section may not be given until the court is satisfied that, apart from them, there arc prima facie grounds for believing the existence of the conspiracy to which they relate.

      From the foregoing anything said, done or writing by a conspirator is relevant against the other conspirators including those among the conspirators that are absent in as far as their first intention of conspiracy was indicated by any of them see the case of ENAHORO V QUEEN

6 when fact not other relevant become relevant

      Sec 9 of the evidence act 2011 as amended provided as follow:

 Facts not otherwise relevant are relevant if. ..

(A) they are inconsistent with any fact in issue or relevant fact; and

(b) by themselves or in connection with other facts they make the existence or nonexistence of any fact in issue or relevant fact probable or improbable.

      From the aforementioned section, fact which may not otherwise be relevant to the facts in issue, may sometimes be relevant to the facts in issue if such facts (not otherwise relevant) by themselves make the existence or nonexistence of the facts in issue probable or improbable, like such facts (not otherwise relevant) become relevant, if their connection with other relevant facts make the existence or nonexistence of the relevant facts probable or improbable.

7. Certain facts relevant in proceedings for damage

      Under Sec 10 of the evidence act 2012 as amended any fact that can help to court to determine the amount of damage to be awarded is a relevant fact, thus the section provided as follow:

"In proceedings in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant."

      From the just cited section, if facts is to show the amount of loss (damage) suffered by the plaintiff, then such facts are relevant facts, I.e hospital bill in a case whereby the defendant inflicted wound on a person or even the plaintiff's animal .

8. Facts showing existence of state of mind or body or bodily feeling

      If a fact is to show the existence of the state of mind of a person I.e proving the accused person knowledge, good faith, negligence, good will or ill-will, then such facts are relevant, thus is provided by the section as follow:

(1) Facts showing the existence of__

(a) any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person: or

(b) any state of body or bodily feeling arc relevant when the existence of any such state of mind or body or bodily feeling is in issue or relevant.

("2) A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question.

      From the foregoing section it is obvious that if such fact is to show how the state of mind of an accused was, I.e good or ill-will of the mind of the accused, then such a fact is a relevant fact.

9. Facts bearing on question whether act was accidental or intentional

Sec 12 of the evidence act 2011 as amended provide as follow:

       When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention or to rebut any defence that may otherwise be open to the defendant, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.

       From the aforementioned section any fact which is to show whether the fact in issue arose incidentally or intentionally then such facts which are to give answer to the question, did the facts in issue arose incidentally or intentional ?, such facts are considered by the foregoing section to be a relevant fact.

10.  Existence of curse of business when relevant

      Sec 13 of the evidence act 2011 as amended, made a provision as follow:

"When there is a question whether a particular act was done, the existence of any course of business. according to which it naturally would have been done, is a relevant fact."

      The foregoing provision is also a principal of the English common law see the case of TROYYER V MACLEAN; the application of this provision was illustrated therein.

Conclusion:

What is contain in section 4 -13 are some enumerated  facts which are relevant to facts in issue however they are not the only facts which are relevant to issues.