*CAN THE EVIDENCE ACT APPLY TO ARBITRATION OR CUSTOMARY COURT OF APPEAL. * DAILY LAW TIPS (Tip 308) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

The Evidence Act regulates the use of evidence in all proceedings in courts in Nigeria. Note that the evidence Act cannot apply to proceedings under arbitration or court martial or any Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria. Although, the evidence Act can apply to a Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria, where the Constitution of Nigeria or any order published on gazette. Note also that the Evidence Act apples to Area Court over criminal cases.

My authorities are sections 256 and 259 of the Evidence Act, 2011.

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**CAN THE AGE OF A PERSON AT THE TIME OF DEATH BE PRESUMED. **DAILY LAW TIPS (Tip 305) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Not minding the records and reports on the life expectancy of Nigerians and the nation’s mortality projections, the age of a person at the point of his death can never be presumed even though it can be shown that such a person was alive at a particular time.

My authorities are sections 164 (3) and 259 of the Evidence Act, 2011.

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*HOW TO PROVE ELECTRONIC SIGNATURES IN NIGERIA. * DAILY LAW TIPS (Tip 298) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

First of all, electronic signatures are allowed and acceptable in any part of Nigeria including courts. Electronic signatures can be proved by any manner. One of the ways to prove such is by showing there is a security procedure or system or symbol that exists which allows any person relying on any electronic signature to verify such signature before proceeding to rely on it and transact. The security procedure or system or symbol must be one that can prove that an electronic signature or record belongs to a person it claims to belong to.

My authorities are sections 93(3) and 259 of the Evidence Act, 2011.

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*CONTENTS OF A GENUINE ATM RECEIPT IN NIGERIA.* DAILY LAW TIPS (Tip 292) By Onyekachi Umah, Esq., LLM. ACIArb(UK)

Due to developments in electronic payment system across Nigeria, the Central Bank of Nigeria approved a format for every physical and electronic records of transactions in Nigeria from any transaction channel including ATMs, POS, Internet Payments, Mobile Payments, Physical Branch or agent.

The approved receipt formats are sufficient proof of transactions in Nigeria and as such all financial institutions must provide customers with only approved receipts.

An approved receipt from an Automated Teller Machine (ATM), must contain the following;
1. Name of the Service Provider
2. Location/Terminal Identity
3. Transaction Identity
4. Date of transaction
5. Time of Transaction
6. Transaction type
7. Sequence Number
8. Account Name
9. Amount
10. Personal Account Number (PAN) (But should be Masked)
11. Card Type
12. Account Type
13. Reference Number

My authorities are sections 47(4) of the Central Bank of Nigeria Act, 2007 and Approved Format of Evidence For Electronic Transactions, 2013.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 289)
ARE ELECTRONIC SIGNATURES ACCEPTABLE IN NIGERIA.

Where any document is to be approved/proved by signature, then an electronic signature on such document is a sufficient signature. So, electronic signatures are allowed and acceptable in any part of Nigeria including courts.

My authorities are sections 93(2) and 259 of the Evidence Act, 2011.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 278)
WHEN CAN A MISSING PERSON BE PRESUMED DEAD IN NIGERIA.

Ordinarily, the only time any person can be declared dead is when the person’s body is found and a physician declares such lifeless. But, where a missing person has not been heard from for seven (7) years or more by those that naturally should have heard from such person if such person was alive, then such a person would be presumed dead. Although such person is presumed dead, there is no presumption as to the time when such a person died.
Note that where there are circumstances to account/prove for the long time that such a person has not been heard from, such a person cannot be presumed dead.

My authorities are sections 164 (1) and 259 of the Evidence Act, 2011.

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