LEGAL PRINCIPLE: COURT- Area Court — Application of Evidence Act — Section 1(4)(c) of Evidence Act
PRINCIPLE STATEMENT
Section 1(4)(c) of the Evidence Act provides that the Act shall not apply to judicial proceedings in a native court unless the Governor in Council orders otherwise; Area Courts and Customary Courts are successors of native courts, and the Evidence Act does not apply to them.
RATIO DECIDENDI (SOURCE)
Per Nnamani, JSC, in Kuusu v. Udom (1990) NLC-1741986(SC) at pp. 13–14; Paras D–A.
"It is both elementary and a fundamental principle of the interpretation of statutes that where the words of a provision are clear and unambiguous, effect should be given to them. Section 1(4)(c) of the Evidence Act provides that the Act shall not apply to judicial proceedings in or before a native court unless the Governor in Council shall by order confer upon any or all native courts jurisdiction to enforce any or all of the provisions of this ordinance. Area Courts and Customary Courts are the successors of the old Native Courts. There is nothing in the Evidence Act which is applicable to the proceedings of the Grade II Area Court. Section 179 of the Evidence Act did not therefore apply to that Court."
EXPLANATION / SCOPE
The Evidence Act does not apply to Area Courts or Customary Courts unless specifically extended by order of the Governor in Council. These courts are successors to native courts. The Act’s provisions are not automatically applicable. The principle is based on the clear words of Section 1(4)(c). Proceedings in Area Courts are governed by their own rules and customary law. The court will not impose the strict rules of evidence on these courts. The rule recognises the informal nature of customary courts. The parties cannot invoke the Evidence Act to challenge proceedings in Area Courts. The appellate court will apply this principle when reviewing Area Court decisions. The exception is where an order has been made extending the Act.
