Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?

Authors: OYAGIRI Buduka

Publication Type: Journal article

Journal: Crescent University Law Journal

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Under the Nigeria Law of Evidence (NLE), there are several evidential exclusionary rules of great antiquity. Aside “without prejudice” and “subject to contract” privileged communications which is an evidential principle that makes relevant evidence of the state and certain individuals under certain circumstances inadmissible; is another. Prior to the enactment of the 2011 Evidence Act (EA), there had been arguments that privileged communication particularly state privilege existed conflicting against fair hearing due to its absoluteness. This paper through doctrinal method, discusses the fair hearing and privileged communication under the Nigerian NLE; it investigates whether or not these doctrines are still at loggerheads under the 2011 EA. It found that unlike the 1942 EA, the 2011 EA, in a commendable manner; has taken into consideration the danger of emasculating fair hearing through privileged communication and in all instances, the judge is made the final arbiter where the objection of state privilege is raised. It concludes that the proviso introduced by the 2011 EA is a welcomed development.

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OYAGIRI,B. . (2019). Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?, 3 (), 51-51.

OYAGIRI,B. . "Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?" 3, no (), (2019): 51-51.

OYAGIRI,B. and . (2019). Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?, 3 (), pp51-51.

OYAGIRIB, . Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?. 2019, 3 ():51-51.

OYAGIRI,Buduka , . "Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?", 3 . (2019) : 51-51.

O.Buduka , "Privileged Communication and Fair Hearing Under the 2011 Evidence Act: Are They Still At Logger Head?" vol.3, no., pp. 51-51, 2019.

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