{"title":"Challenges of Character Evidence under the Nigerian Criminal Justice System: A Comparative Analysis with Other Jurisdictions","authors":[{"name":"Douglas, Lucky Ken, LL.M, LL.M, PhD in View","initials":"D.L.K.L.L.P.i.V.","affiliation":"Rivers State University","orcid":null,"email":null}],"abstract":"This study evaluates the legal framework, statutory dynamics, and practical challenges governing character evidence under the Nigerian criminal justice system, alongside a comparative analysis of corresponding doctrines in Ghana, India, and the United States. The research examines the delicate balance between admitting probative evidence and protecting accused persons from unfair propensity prejudice. Using a doctrinal and comparative research methodology, the paper analyzes primary statutory provisions under the Nigerian Evidence Act 2011, Ghanaian Evidence Act 1975, Indian Bharatiya Sakshya Adhiniyam 2023, and United States Federal Rules of Evidence. The investigation reveals that while Nigerian evidence law strictly restricts character evidence to general reputation under Section 77 and presumptively excludes bad character under Section 82(1), trial courts frequently face difficulties in distinguishing reputation from disposition and managing the tactical risks of propensity reasoning under Section 180(g)(ii). Comparatively, statutory frameworks in Ghana, India, and the United States offer clearer statutory gateways, permit opinion evidence, and enforce explicit judicial balancing tests. The study recommends legislative amendments to Section 82 of the Evidence Act 2011 to codify explicit non-propensity gateways, mandatory judicial balancing of probative force against prejudicial effect on the record, and the total prohibition of cross-examination on uncharged suspicions or abandoned counts.","keywords":["Character Evidence; Evidence Act 2011; Propensity Reasoning; Criminal Procedure; Comparative Evidence Law"],"publication_date":"2026-10-20","journal":{"name":"Global Insights Law Journal","issn":"3141-5717","issn_type":"Electronic"},"volume":"1","issue":"3","article_number":25,"pages":null,"first_page":null,"last_page":null,"doi":"10.67588\/0008","url":"https:\/\/gilawjournal.com\/article\/challenges-of-character-evidence-under-the-nigerian-criminal-justice-system-a-comparative-analysis-with-other-jurisdictions","language":"English","document_type":"Article","publication_year":2026,"received_date":null,"accepted_date":null,"funding":[],"citations":["Table of Cases","Audu Maizako v Superintendent-General of Police [1960] NRNLR 188.","Aveek Sarkar v State of West Bengal (2014) 4 SCC 257.","DPP v Boardman [1975] AC 421.","DPP v P [1991] 2 AC 447.","Haruna v Police [1967] NRNLR 37.","Huddleston v United States 485 US 681 (1988).","Joseph Mangtup Din v African Newspaper of Nigeria Ltd [1990] 3 NWLR (Pt 139) 392.","Joseph Shine v Union of India (2018) 11 SCC 163.","Makanjuola v State (2021) LPELR-54998 (SC).","Makin v Attorney-General for New South Wales [1894] AC 57.","Maxwell v Director of Public Prosecutions [1935] AC 309.","Musa v State [1993] 2 NWLR (Pt 277) 550.","Navtej Singh Johar v Union of India (2018) 10 SCC 1.","Okeke v State (2016) LPELR-40024 (CA).","Popoola v Commissioner of Police [1964] NMLR 1.","R v Hanson [2005] EWCA Crim 86, [2005] 1 WLR 3169.","R v Rodley [1913] 3 KB 468.","S v Makhanya 2002 (2) SACR 299 (CC).","Selvey v Director of Public Prosecutions [1970] AC 304.","Stirland v Director of Public Prosecutions [1944] AC 315.","Tulu v Bauchi Native Authority [1965] NMLR 343.","Table of Legislation","Administration of Criminal Justice Act 2015 (Nigeria).","African Charter on Human and Peoples Rights 1981.","Bharatiya Sakshya Adhiniyam 2023 (India).","Constitution of the Federal Republic of Nigeria 1999 (as amended).","Constitution of the Republic of South Africa 1996.","Criminal and Other Offences (Procedure) Act 1960 (Act 30) (Ghana).","Criminal Justice Act 2003 (England and Wales).","Criminal Offences Act 1960 (Act 29) (Ghana).","Criminal Procedure Act 51 of 1977 (South Africa).","Evidence Act 1975 (NRCD 323) (Ghana).","Evidence Act 2011 (as amended 2023) (Nigeria).","Federal Rules of Evidence (United States).","Indian Evidence Act 1872 (India).","International Covenant on Civil and Political Rights 1966.","Books","Afe B, Law and Practice of Evidence in Nigeria (Intec Printers 2001).","Aguda TA, The Law of Evidence in Nigeria (Spectrum Books 2007).","Nwadialo F, Modern Nigerian Law of Evidence (2nd edn, University of Lagos Press 1999).","Okonkwo CO, Okonkwo and Naish on Criminal Law in Nigeria (2nd edn, Spectrum Books 2005).","Journal Articles","Adewale RO, \"An Overview of the Cultural Problems within the Criminal Justice System in Nigeria\" (2026) 2(1) Anaocha Bar Journal 68.","Aidonojie PA, Odojor AO and Agbale PO, \"The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria\" (2021) 5(2) Sriwijaya Law Review 161.","Ezeh C and Amasiatu C, \"A Critical Evaluation of Human Rights Norms in Nigeria's Criminal Justice System and the Path to Reform: Bridging the Gulf\" (2026) 11 African Journal of Criminal Law and Jurisprudence 23.","Njoku CO, Elom-Obed O and Okorie C, \"A Critical Evaluation of Criminal Responsibility for Strict Liability Offences in Nigeria\" (2024) 5(1) LASU Journal of Public Law 14."]}