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