Section 89 of the Evidence Act 2011

Section 89 of the Evidence Act 2011 – What it Says and All You Need to Know.

Section 89 of the Evidence Act 2011 Provides as Follows:

Secondary evidence may be given of the existence, condition or contents of a document when-

(a) the original is shown or appears to be in the possession or power-

(i) of the person against whom the document is sought to be proved, or

(ii) of any person legally bound to produce it, and when after the notice mentioned in section 91 such person does not produce it;

(b) the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) the original has been destroyed or lost and in the latter case all possible search has been made for it;

(d) the original is of such a nature as not to be easily movable;

(e) the original is a public document within the meaning of section 102;

(f) the original is a document of which a certified copy is permitted by this Act or by any other law in force in Nigeria, to be given in evidence;

(g) the originals consist of numerous accounts or other documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection; or

(h) the document is an entry in a banker’s book.

Other Relevant Sections:

• Section 90 of the Evidence Act 2011
• Section 91 of the Evidence Act 2011
• Section 92 of the Evidence Act 2011