Law of Evidence at Ghana
In Ghana, the Law of Evidence is primarily governed by the Evidence Act, 1975 (Act 323). This law outlines the rules for the admissibility, relevance, and weight of evidence in both civil and criminal proceedings.
Here’s an overview of the Law of Evidence in Ghana:
⚖️ Key Features of the Law of Evidence in Ghana
🔹 1. Types of Evidence
The Evidence Act in Ghana recognizes several forms of evidence:
Documentary Evidence: Documents are generally admitted to prove the truth of their contents, provided they are relevant. These include contracts, written agreements, and official records.
Oral Testimony: Witnesses can provide evidence in the form of testimony. The credibility of the witness and the relevance of the testimony are essential.
Real Evidence: Physical objects that may help prove or disprove a fact in the case (e.g., weapons, clothing).
Expert Evidence: In matters requiring specialized knowledge, expert testimony is admissible.
Admissions and Confessions: Any statement made by a party acknowledging guilt or admitting a fact is considered valid evidence.
Presumptions: Legal presumptions can be drawn from certain facts, but they are rebuttable.
Electronic Evidence: Evidence such as emails, text messages, and other digital records is admissible in court.
🔹 2. Admissibility of Evidence
Relevance: Evidence must be relevant to the case and should assist in proving or disproving a fact in dispute.
Hearsay: Generally, hearsay evidence (evidence based on what someone else has said outside of court) is inadmissible unless it falls under certain exceptions.
Documentary Evidence: Written documents are admitted if they are duly authenticated (e.g., signatures or official seals). The best evidence rule applies, meaning the original document is preferred over copies.
Character Evidence: In most cases, evidence about a person’s character is not admissible unless it is directly relevant to the case.
🔹 3. Burden of Proof
In Ghana, the burden of proof lies on the party making the claim (usually the plaintiff or prosecution).
In criminal cases, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant is presumed innocent until proven guilty.
In civil cases, the burden is on the plaintiff to prove the case on a balance of probabilities.
🔹 4. Exclusionary Rules
Illegally Obtained Evidence: Evidence obtained through illegal means (e.g., unlawful searches or coercion) is typically excluded from the court’s consideration.
Improperly Obtained Evidence: Any evidence obtained through improper means, such as undue influence, can also be excluded.
🔹 5. Role of the Judge
The judge in Ghana has the discretion to admit or exclude evidence based on its relevance and reliability. The judge also evaluates the weight of the evidence presented by both parties.
Judges can also guide the parties on presenting evidence and may compel the production of evidence if deemed necessary.
🔒 Criminal Procedure and Evidence
In criminal cases, the Criminal Procedure Code (Act 30 of 1960) works alongside the Evidence Act. It lays down specific rules regarding how evidence is gathered, presented, and evaluated in criminal trials, emphasizing:
Presumption of Innocence: The accused is not required to prove their innocence, but the prosecution must prove guilt beyond a reasonable doubt.
Right to Confront Evidence: The accused has the right to cross-examine witnesses and challenge the evidence against them.
📝 Key Points
The Evidence Act, 1975 is the primary legislation governing evidence.
The admissibility of evidence is based on relevance, authenticity, and legality.
Hearsay evidence is generally not admissible unless exceptions apply.
The burden of proof is on the party making the claim, with a higher standard of proof in criminal cases.
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