Jurisprudence and Evidence in Nigeria: Contemporary Questions for Theory and Practice
Abstract
This chapter examines the intersection of jurisprudence and evidence within the Nigerian legal system, focusing on contemporary questions that arise in theory and practice. It explores the conceptual foundations of evidence, including its nature, sources, types, and the normative principles guiding its admissibility and evaluation in both civil and criminal proceedings. The chapter situates these issues within Nigeria’s plural legal system, analysing how statutory, customary, and Islamic law interact in the determination, handling, and weight of evidence. Emphasis is placed on the challenges posed by modern developments, such as digitalisation, electronic records, artificial intelligence, blockchain, and forensic technologies, which raise novel questions about authenticity, integrity, and the chain of custody. Judicial approaches to evidential issues are critically analysed through case law, highlighting trends in judicial interpretation, burden of proof, and standards of proof, as well as the practical tensions between traditional and emerging forms of evidence. Comparative and global perspectives are integrated to demonstrate how Nigerian jurisprudence can draw from international best practices while remaining sensitive to local socio-legal realities. The chapter also considers the role of evidence jurisprudence in legal reform, policy development, and the advancement of procedural and forensic standards. Concluding, the chapter advocates for a context-sensitive and forward-looking approach to evidence in Nigeria, one that balances technological innovation, constitutional guarantees, human rights, and indigenous legal norms. Such an approach is essential for enhancing legal certainty, fairness, and the overall effectiveness of the Nigerian judicial system in contemporary society
Fields of Study & Subjects
Legal processes and jurisprudence
Education
Law
and Society
Criminal Law and Evidence
Publication details
- Journal / source
- Zenodo (CERN European Organization for Nuclear Research)
- Publication date
- 31 January 2026
- Language
- EN
- Document type
- Book chapter