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PUBLIC DOCUMENT CERTIFIED IS ADMISSIBLE THROUGH A PARTY WHO IS NOT TO THE CASE

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By virtue of the provisions of Section 102(b) of the Evidence Act, 2011, public documents include public records kept in Nigeria of private documents. See: ONWUZURUIKE v EDOZIEM & ORS (2016) LPELR 26056(SC) at pages 10 – 11, paras. F-B, where the Supreme Court, per Onnoghen, JSC held that a private document sent to the Police formed part of the record of the Police and is consequently a public document within the provisions of Section 109 of the old Evidence Act, now Section 102 of the extant Evidence Act, 2011. It is also trite that a public document duly so certified, is admissible in evidence notwithstanding that it is not tendered by the maker. Indeed, a certified true copy of a public document can be tendered by person who is not a party to the case. See: MARANRO v ADEBISI (2007) LPELR-4663(CA); DAGGASH v BULAMA (2004) 14 NWLR (Pt. 892) 144 at 187; and MUSTAPHA SHETTIMA & ORS v ALHAJI BUKAR CUSTOMS (2021) LPELR-56150(CA). Exhibits RA1 and RA2, being in the public record of the 1st Respondent are public documents and are therefore admissible in evidence, having been certified by the 1st Respondent under Section 104 of the Evidence Act, 2011.

— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023

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admissibility, public document

RELEVANCY GOVERNS ADMISSION OF EVIDENCE

When it is a question of admission of evidence, strictly, it is not whether the method by which it is obtained is tortious but excusable, but whether what has been obtained is relevant to the issue being tried. See Kuruma v. R. (1955) AC 197.

— Ogwuegbu JSC. Oshunrinde v Akande (1996) – SC.110/1990

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WRONGFUL ADMITTAL OF EVIDENCE MUST LEAD TO MISCARRIAGE OF JUSTICE

The law is equally well settled that where inadmissible evidence is admitted, it behooves the trial Court to expunge such evidence from the record and consider if there is any viable evidence upon which the charge could be sustained. In essence, the wrongful admission of an evidence ought not to totally affect the decision of the Court unless the use of such evidence has resulted in occasioning a miscarriage of justice.

– Saulawa, JSC. Makanjuola v. State (2021)

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PUBLIC DOCUMENTS ARE PROVEABLE BY THEIR ORIGINALS

In my view, the net effect of sections 91(1)(a), 93, 94(1), 95, 97(1)(e) and 112 of the evidence is that the contents of public documents such as the report and the white paper in question may be proved by producing the originals themselves for the court to inspect as primary evidence. If the maker of the statement, as in this case had personal knowledge of the matter dealt with by the statement i.e. DW1, or prove by the production of their certified true copies as secondary evidence, the two documents being public documents. By virtue of section 96 of the Evidence Act, it is my view that public documents are provable by their originals. It says:- “Documents must be proved by primary evidence except in the cases herein after mentioned.” Although section 112 allows certified true copies thereof to be used as well. It does not make original inadmissible. These sections of the Evidence Act in summary lay down that in proving the contents of documents; the emphasis is on the production of their originals i.e. their primary evidence. They however go on to provide that if the contents are to be proved by secondary evidence, a restricted type of secondary evidence only may be accepted i.e. certified copies in the case of public documents.

– T.N. Orji-Abadua, JCA. Kabau v. Rilwanu (2013) – CA/K/179/2001

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IN DETERMINING ADMISSIBILITY, IT IS RELEVANCY THAT MATTERS NOT CUSTODY

Admissibility is a rule of evidence and it is based on relevancy. See Sadau v. The State (1968) 1 All NLR 124: Ogonzee v. State (1997) 8 NWLR (Pt. 518) 566. In determining the admissibility of evidence, the court will not consider how it was obtained; rather the court will take into consideration whether what is admitted is relevant to the issues being tried. See Igbinovia v. The State (1981) 2 SC 5. In Elias v. Disu (1962) 1 SCNLR 361, (1962) 1 All NLR 214, this court held that in determining admissibility of evidence, “it is the relevancy of the evidence that is important and not how the evidence was obtained.”

— N. Tobi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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A DOCUMENT WHICH IS CONSISTENT WITH THE PLEADINGS IS ADMISSIBLE

A document is admissible in evidence if it is relevant to the facts in issue and admissible in law. The converse position is also the law, and it is that a document which is irrelevant to the facts in issue is not admissible. Documents which are tendered to establish facts pleaded cannot be rejected on the ground of irrelevancy in so far as they confirm the facts pleaded. See Oyetunji v. Akaniji (1986) 5 NWLR (Pt. 42) 461. In other words, a document which is consistent with the pleadings is admissible, if the document is admissible in law. —

N. Tobi JSC. Musa Abubakar v. E.I. Chuks (SC.184/2003, 14 DEC 2007)

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THE ORIGINAL COPY OF A PUBLIC DOCUMENT CAN BE TENDERED WITHOUT CERTIFICATION

There is no law that prohibits the tendering of an original document, be it public or private document. This is the reason why in law, the original of a public document in the hands of a private person can be tendered in evidence without any certification since certification is in respect of secondary evidence whilst the original document produced is the primary evidence, which in all cases, subject to relevancy and pleadings and other requirements of law, is ordinarily admissible in evidence.

– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021

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