The general rule is that where the parties have embodied the terms of their contract in a written document, extrinsic evidence is not admissible to add to, vary, subtract from or contradict the terms of the written instrument.
– Adio, JSC. UBN v. Ozigi (1994)
SHARE ON
It seems to me that if under the provisions of Order 23, rule 54 of the High Court Rules of Anambra State, 1988 a Magistrate or any officer of the court is permitted to take the evidence of a witness by way of commission, it cannot, with respect, be right to suggest that a High Court Judge, a judicial officer with much higher jurisdiction and status than a Magistrate or any other officer of the court is incompetent to take such evidence unless there exists any law which stipulates to the contrary. I know of no such law and my attention has not been drawn to any in this appeal. I am therefore of the view that the High Court was right by taking the evidence of the fourth defendant by way of commission as urged upon the court by learned Counsel for the appellant.
— Iguh JSC. Chime v Chime (2001) – SC 179/1991
The main thrust of the appeal appears to be that if the original of the public document is lost or destroyed thereby rendering the making of a certified copy impracticable, it would be unjust not to admit other form of secondary evidence such as a photocopy of the original document. I share the plight of the appellant but it must be borne in mind that the duty of the court is to expound the law and not to expand it. It is not the function of the court to supply omissions in statutes and thereby embark on judicial legislation.
– Edozie, JSC. Araka v. Egbue (2003) – SC.167/1999
The Court of Appeal cannot collect evidence from the market overt; for example from the Balogun market, Lagos; Dugbe market, Ibadan; main market, Jos; Central market, Kaduna; Central market (former Gwari market), Minna; Wuse market, Abuja. On the contrary, the Court of Appeal, has to wait for evidence, as the court did, in the court building duly constituted as a court qua adjudicatory body. Courts of law being legal and sacred institutions do not go on a frolic or on a journey to collect inculpatory or exculpatory evidence. On the contrary, they deal only with evidence before them which is procedurally built on arid legalism. For the avoidance of doubt, I am not saying by this judgment that all was well with the conduct of the Presidential Election conducted in 2007. What I am saying is that there was no evidence before the Court of Appeal to dislodge section 146(1) of the Electoral Act.
— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008
It is settled that the Court has a duty to act on unchallenged and uncontroverted evidence. See: BRONWEN ENERGY TRADING CO.LTD v OAN OVERSEAS AGENCY (NIG) LTD (2022) LPELR-57307(SC) at page 31, paras. B-C; and OGUNYADE v OSHUNKEYE & ANOR (2007) LPELR-2355(SC) at pages 22 – 23, paras. B F.
— H.S. Tsammani, JCA. Peter Obi & Anor. v INEC & Ors. (2023) – CA/PEPC/03/2023
The position of the law is that the Claimant is entitled to rely on the evidence put forward by the Defendant. See ODUTOLA V. SANYA (2008) ALL FWLR (PT. 400) 780 AT 793, PARAS. F – G (CA) where it was held that “… if the Defendant’s evidence supports that (the case) of the Plaintiff, he is entitled to rely on same to fortify his case. See Kodilinye v. Odu (1935) 2 WACA 336; Akinola v. Oluwo (1962) 1 All NLR 224″.
— E.N. Agbakoba, J. Igenoza v Unknown Defendant (2019) – NICN/ABJ/294/2014
We, however, wish to state that, despite our conclusions above on the objections raised by Respondents to documents tendered by the petitioners, I am still minded to the evaluate evidence adduced and consider the merits of the petition. The only evidence I shall not revisit are Exhibits PBD, PBD1A, PBD1B, PBD1C, PBD1D, PBD1A, PBD2A, PBD3, PBD4, PBE1, PBE2, PBE3, PBE4, PBE5, PBE6, PBF1, PBF2, PBF3 and PBF4 relating to 2nd Respondent’s alleged non-qualification that were tendered by P.W.27, Mr. Mike Enahoro-Ebah, the said documents in our view being bereft of pleadings to sustain them as elaborately stated earlier in this judgment.
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)
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