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JUDGMENT OF A COURT IS A PUBLIC DOCUMENT AND MUST BE CERTIFIED

Dictum

In Nzekwu v. Nzekwu (1989) 2 NWLR (Pt. 104) 373, this court held that a judgment of a court being a public document within the meaning of that expression in section 108 of the Evidence Act and because of the combined effect of section 96(1)(e) and (2)(c) of the Evidence Act, 1958 the secondary evidence admissible in respect of the original document constituting the proceedings and judgment of a court is a certified true copy of the document but no other kind of secondary evidence.

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ESSENCE OF PUBLIC DOCUMENT CERTIFICATION

The essence of certification of a public document is to show that the contents of the document are the same with the original. See the case of OWOR VS CHRISTOPHER & ANOR (2008) LPELR-4815, OKADIGHO & ORS VS OJECHI & ORS (2011) LPELR-4687.

— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)

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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...

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QUALIFICATION FOR CERTIFICATION – “PRESCRIBED IN THAT RESPECT”

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...

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RATIONALE FOR CERTIFIED TRUE COPY

One main objective behind section 97(2)(c) of the Evidence Act is to ensure the authenticity of the document tendered vis-a-vis the original. This is in addition to the need for the preservation of public documents. In this age of sophisticated technology, photo tricks are the order of the day and secondary evidence produced in the...

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