In the case of Lamido V FRN (Unreported) Appeal No. CA/K/436/C/2013, this Court per Abiru, JCA stated thus – “A look at this provision vis-a-vis the provision of Section 111(1) of the Evidence Act, Cap E14, Laws of the Federation 1990 interpreted in Tabik Investment Ltd V Guaranty Trust Bank (supra) shows that they are similar, but for the fact that the requirement for the payment of legal fees for certification in Section 104 of the Evidence Act, 2011 is qualified by the words “prescribed in that respect”. This qualification is not contained in the provision of Section 111 of the Evidence Act, 1990. It is a fundamental rule of interpretation of statute that words used in a statute are not put there for fun; they are for a purpose. The inclusion of the words “prescribed in that respect” by the legislature in Section 104 of the Evidence Act, 2011 could not have been by mistake or by oversight. It was intended to have a meaning and effect.”
CERTIFICATION: PAYMENT OF LEGAL FEES IS AN INTEGRAL PART OF THE CERTIFICATION PROCESS
In Tabik Investment Ltd V Guaranty Trust Bank Plc (2011) LPELR-3131 (SC); & Biye V Biye (2014) LPELR-24003(CA) amongst other numerous decisions, the Supreme Court and this Court have stated emphatically that payment of legal fees and evidence of same is an integral part of the certification process, it cannot be waived and none can be exempted from paying such certification fees. It is not in issue that the documents tendered as Exhibit 41 are public documents, and the law is that for them to be legally admissible evidence, they must be duly certified – Sections 102 to 105 of the Evidence Act, 2011; Alamieyeseigha V FRN (2006) 16 NWLR (Pt. 1004) 1; & Araka V Egbue (2003) 17 NWLR (Pt. 848). It is also the law that, with regard to public documents, persons interested in being issued with certified true copies of same by those having custody of them, must pay the prescribed fees before same are issued.
— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017