APPLICABILITY OF THE EVIDENCE ACT

     Under the old evidence Act, the Act applied to all judicial proceedings in or before any court established in Nigeria but excluded proceedings before an arbitrator, a Field General Court Martial and a customary court. The position has however changed since the enactment of the Evidence Act 2011.
     The Explanatory Memorandum to the Evidence Act 2011 provides that the Act applies to all judicial proceedings in or before Courts in Nigeria. 
     It is the submission of this writer that judicial proceedings before arbitrators, court martial and customary courts are now caught within the provision of the new Evidence Act.

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