Federalism and the law of evidence in Nigeria: Does Benjamin v Kalio constitute a simplistic route to justice that overlooks a pitfall?

Abstract

The decision of the Supreme Court of Nigeria in Benjamin v Kalio has been praised. However, the route taken by the Court to do justice and its implication have never been considered. This article examines the route through which the Supreme Court of Nigeria arrived at justice in this case. The article finds that the Supreme Court of Nigeria overruled its previous judgments by holding that unregistered land instruments could be tendered in evidence because section 20 of the Land Instruments (Preparation and Registration) Law of Rivers State is unconstitutional for not being within the legislative competence of States. The article argues that this is a simplistic route to justice having not taken cognisance of the Nigerian federalism and the concepts of existing and deemed laws with the probable consequence of rendering such laws on presumptions as section 30 of the Criminal Code and section 50 of the Penal Code null and void. The article concludes that this tends to constitute a pitfall.