A brief comparison between the Nigerian Evidence Act 2011 with Islamic principles of evidence : special reference to the issue of competency and compellability of witnesses

Abstract

aThis dissertation is a comparative study of the competency and compellability of witnesses under Islamic law and the Nigerian Evidence Act 2011 (as amended). The law relating to witness is very important in determining the rights and liabilities of individuals in the court or tribunal. It is through competent witnesses the aim of the law will be achieved which is the attainment of justice for all. The study has adopted the doctrinal method, using comparative approach. The Nigerian law of evidence as govern by the Evidence Act 2011 (as amended) which the researcher used as primary material in analysing the requirements for the general competence and compellability of witness and other categories of persons that were protect by the law, though competent but not compellable to give testimony/ evidence. However, some other materials were also used like Nigeria 1999 Constitution which has complement the provision of the Act. While on the part of Islamic law, various requirements of witnesses from the Qur'an, hadith and Ijma were also discuss, this is in order to give a clear picture of what is required of a witness. Different juristic opinions were considered on the compellability of witness and the duty imposed by Allah on witness when he is call to testify in the court or anywhere. Thus, the study has made various recommendations particularly to the law making body to further amend some of the provisions of the Evidence Act by in inserting some Islamic law principles on the competence of the witness in order to ensure that guilty person did not escape punishment and innocent person is set free. This will strengthen the entire judicial system in Nigeria and make it a role model to many countries of the world.