Banking book evidence act nigeria

Law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. A copy of an entry in a bankers book shall not be received in evidence under this act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank. Background the issue in the case was whether the affidavit of ms. Public officers protection law of northern nigeria purport of the provisions of s. It was made applicable in nigeria on 1st of june 1945. October, 1891l an act to amend the law of evidence with respect to bankers books. Bofi act banks and other financial institutions act 2004 no 25 bsd banking supervision department cbn cam act companies and allied matters act 2004 car regulatory capital adequacy ratio cb commercial bank crb credit bureau cbn central bank of nigeria cbn act central bank of nigeria act, no. Although, generally hearsay evidence is not admissible to prove the existence or nonexistence of fact in issue and this is guided by section 37 evidence act, in ibeneme v. Whereas it is expedient to amend the law of evidence with respect to bankers books. The new central bank of nigeria act 2007 came into effect on the 25th of. This chapter examines the reforms in the banking sector which led to the present status of banking in nigeria.

This paper investigates the implications and challenges of banking sector reform in nigeria. Evidence act, 2011 latest nigerian supreme court cases. An act to make provisions for declaring as bankrupt any person who can not pay his debts of a specified amount and to disqualify him from holding certain elective and other public offices or from practising any regulated profession except as an employee. Case in which officer of bank not compellable to produce books. E14, laws of the federation of nigeria, and enacts a new evidence act, 2011 which applies to all judicial proceedings in or before courts in nigeria.

In court related matters the cases where the banking records are taken for evidence, the provisions of the bankers book evidence act is applied. Byrne 2014 iehc 530 expressed the view that the act had a dual purpose of relaxing the. In order to have legal capacity the law of evidence was amended in accordance with the bank records in act number 18 of 1891 as the bankers book act in 1891. The corrupt practices and other related offences act 2000. Banking laws and regulations india laws and regulations gli. The banking law and the customer the first major protection afforded a customer can be found in section i. The rbi act empowers the rbi to issue rules, regulations, directions and guidelines on a wide range of issues relating to the banking and financial sector. Under english common law, a banker is defined as a person who carries on the business of banking by conducting current accounts for his customers, paying cheques drawn on himher and also collecting cheques for hisher customers. The national pension commission pencom has ordered all employers of labour covered by the pension reform act 2014, to submit copies of the insurance certificates with the schedule of benefits of. Under the evidence act, 2011 there is a clear statutory interpretation of the two contentious words and this has cured the inadequacy of the repealed section 2 of the evidence act, 2004, which did not expressly include a computer output and the nondefinition of the word computer.

This act may be cited as corrupt practices and other related offences act, 2000 and shall come into force on. The law of evidence in nigeria is a replica of the english law of evidence around 1943. The br act provides a framework for the supervision and regulation of all banks. Admissibility of computer generated evidence in nigeria, by. Provisions of bankers book evidence act special features of.

The central bank of nigeria cbn has issued guidelines for licensing and regulating financial holding companies in the country in line with the new banking model which requires that banking. Sep 19, 20 significance the bankers book evidence is the real guidelines for any banking institutions that will get the clear idea about the legal proceedings which relates to banking records. Evidence act 2011 including any amendment made under the. Part igeneral evidence may be given of facts in issue and relevant facts.

International journal of academic research in business and social sciences 2017, vol. The history of banking operation and supervision in nigeria could be traced to the period between 1892 and 1894 when african banking corporation and first bank of nigeria which was formerly known as the bank of british west africa bbwa was established5. Full advanced text search, for sections and keywords. The supreme court provides welcome clarity on the bankers. Starting with some definitions, this alert will follow with some succinct highlights of the provisions of the evidence act, 2011 as they relate to electronic communication. With regards to banking regulation in nigeria, eight periods are discernible namely laissez faire banking era, new banking regulation era, indigenization era, market deregulation era, guided deregulation era, universal banking era, consolidation era and the period leading from global financial crisis to current. Significance the bankers book evidence is the real guidelines for any banking institutions that will get the clear idea about the legal proceedings which relates to banking records. The new central bank of nigeria act 2007 came into effect on the 25th of may 2007.

The money you spend in transporting yourself to the bank to perform a transaction can be saved and used for other purposes. Part jirelevancy 4 relevance of facts forming part of same transaction. In this chapter, the introductory aspect traced the evolution of banks and banking in nigeria. In court related matters the cases where the banking records are taken for evidence. An act to amend the law of evidence with respect to bankers books. Part i general 1 evidence may be given of facts in issue and relevant facts. Any discrepancy in the records will amount to violation of the act. Publication of financial sector assessment program. E14, laws of the federation of nigeria, and enacts a new evidence act, which shall apply to all judicial proceedings in.

Important aspects of bankers book evidence act, 1891. In this act, unless there is something repugnant in the subject or context. Cbn issues guidelines to regulate holding companies. Abstract in nigeria, the banking sector is an important part of the financial system. Bankers books evidence act, 1891 title and extent 1 this act may be.

Provisions of rbi act 1935, banking regulation act 1949, prevention of money laundering act, 2002. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. Nov 09, 2011 public officers protection law of northern nigeria purport of the provisions of s. Mary murray, a senior relationship manager with ulster bank ireland limited.

Universal banking by the central bank of nigeria cbn on january 2001 a level playing ground was created for all banks in nigeria. Evidence act, 2011 explanatory memorandum this act repeals the evidence act, cap. See the relevant country pages for more information. In this act, unless the context otherwise requiresinterpretation bank or banker means any person carrying on the business of banking in zambia under the provisions of the banking and financial services act cap. The sector considers broadly, the principles of mergers, takeovers and restructuring of banks in nigeria. Evidence act a tool against fraud 2 1 developments at european level 2 2 gaining access to business records and the director of corporate enforcement 2 3 the foreign dimension to the operation of the bankers books evidence act 1879 4 4 need to retain bankers books exemption to the exclusionary rules of evidence. The first publication bringing together laws relating to banking in uganda into one volume. The bankers books evidence act 1891 the bankers, books. The authorities have closed 31 banks, increased minimum paidin capital requirements tenfold to n500 million n1 billion for new banks and forced the majority of the remaining banks into compliance. The rbi act was enacted to establish and set out the functions of the rbi. Authorised by the act parliamentary counselalso accessible at. That is to say, the act allowed a copy of an entry in a bankers book to be produced, rather than the original entry itself, and it allowed the entry which could be proved by a duly authenticated copy. Pdf impact of bank lending on economic growth in nigeria. Evidence of banking system strengthening, largely as a consequence of these.

Evidence in relation to the use of the computer must be called to establish the conditions set out under section 842 of the evidence act 2011. The use of electronic banking in nigeria has now become a timesaving factor enabling multiple tasks to be done within a short period of time. The finance act 2020 was enacted by the national assembly of the federal republic of nigeria to amend eight 8 tax legislations viz companies income tax act, value added tax act, customs and excise tariff, etc consolidated act, personal income tac act, capital gains tax act, stamp duties act, petroleum. The banking sector dominates the nigerian financial system as it accounts for about 90% of the total assets in. E14, laws of the federation of nigeria, and enacts a new evidence act, which shall apply to all judicial proceedings in or before courts in nigeria. The bankers books evidence act, 1891 1 title and extent. The implications of the finance act for the nigerian.

No officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker s book the contents of which can be proved under this act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the court or a judge made for special cause. May 26, 2015 evidence in relation to the use of the computer must be called to establish the conditions set out under section 842 of the evidence act 2011. The corrupt practices and other related offences act 2000 2000 act no 5 laws of the federation of nigeria an act to prohibit and prescribe punishment for corrupt practices and other related offences th day of june 2000 preliminary 1. The definition of a bank varies from country to country. This act may be cited as the evidence bankers books act. Evidence act 2011, laws of the federation of nigeria. Documentary and electronic evidence law commission. The reserve bank of india has advised all scheduled commercial banks excluding regional rural banks that in the event of need for production of evidence to prove entries in bankers books in any legal proceedings before courts, tribunals, consumer forums, etc. The banker s books evidence act 1891 the bankers, books evidence act, 1891 act no. In addition, there are also various credit policy guides from the central bank of nigeria.