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HOW CONTENTS OF A DOCUMENT MAY BE PROVED

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Goodwill & Trust Investment Ltd & Anor. vs. Witt & Bush Ltd (2011) 8 NWLR Part 1250 page 500 at 533, where Onnoghen, J.S.C. at page 533 stated thus: “it is settled law that contents of a document can be proved in a proceeding by tendering the original documents or where the original is unavailable by a certified true copy of the said original as secondary evidence of the contents of the said original.”

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EXCEPTION TO DOCUMENTARY EVIDENCE BEING TENDERED BY THE MAKER

The general rule as to who can tender documentary evidence is that documentary evidence should be tendered through its maker. This is because the maker of such documents can validly answer the questions put forward with regards to the documents so his attendance may be necessary to facilitate cross-examination. See Section 91 of the Evidence Act 2011. See also the cases of Statoil Nig. Ltd v. Inducon Nig. Ltd [2014] 9 NWLR (Pt 1411) (P. 94, Paras, A-B). It is not however, at all times that documentary evidence must be tendered by the maker, as the person to whom it is made can also produce it in Court. If it can be shown to the Court by the person seeking to tender same that the maker of the document is dead or unfit by reason of his body or mental condition; that the presence of the maker of the document may also be excused if he is overseas or if it is not reasonably practicable to call him to tender the document in view of attendant expense.

— O. Oyewumi, J. Aseidu v Japaul (2019) – NICN/AK/01/2016

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WHEN IS A DOCUMENT DEEMED TO BE PROPERLY FILED BEFORE THE COURT

I am aware and this is also settled that a document or process of court, is deemed duly filed, when a paper or the document or process is brought to the Registry, and is assessed and paid for, that such a document, etc, can be said to be filed in law, except where there is a dispensation under the Rules of court that the document etc, can be filed without payment. Of course, this will be a question of fact if fees are paid in respect of a document brought to the court. See the case of Dike v. Okorie (1990) 5 NWLR (Pt.161) 418 @ 428-429 C.A. citing the case of Government or Imo State v. Orisakwe FCA/109/82 of 2/7/85. It was also held that a document is deemed to have been properly filed in court, when same is deposited in a court’s office with the proper court officer assigned with the responsibility. See the case of Mohammed v. Musawa (1985) 3 NWLR (Pt. 11) 89.

— F. Ogbuagu, JSC. Akpaji v. Udemba (2009) – SC.247/2002

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FAIR HEARING NOT BREACHED WHEN A DOCUMENT IS EXPUNGED BY TRIAL JUDGE

I have seen in recent times counsel forcing into cases the principles of fair hearing even when they are so distant from the case. The principles of fair hearing will not be invoked in favour of a party where the trial Judge correctly expunges an exhibit earlier admitted. It is only when the document is wrongly or wrongfully expunged from the record that a party can be heard to canvass to an appellate court that he was denied fair hearing. – Niki Tobi, JSC. Brossette v. Ilemobola (2007)

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PURPOSE OF A SIGNATURE ON A DOCUMENT

It is pertinent to note that a signature on a document identifies the document as an act of a particular person and without a signature, the document cannot pass as the act of such unnamed person, and it is therefore totally useless. See N.N.P.C. V. ROVEN SHIPING LTD (2019) 9 NWLR (prt.1676) 67 at 83 and TSALIBAWA V. HABIBA (1991)2 NWLR (prt 174) 461.

— M.L. Shuaibu, JCA. FBN v Benlion (2021) – CA/C/31/2016

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ONLY DOCUMENTARY EVIDENCE CAN CONTRADICT DOCUMENTARY EVIDENCE

However the conflict is not strong to hold his evidence is of no value when the documentary evidence speaks for itself. It is trite the best evidence to challenge documentary evidence is same Documentary evidence. – Nwodo, JCA. OLAM v. Intercontinental Bank (2009)

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DISCREPANCIES IN NAMES OR DOCUMENTS WITHOUT MORE ARE MERE TRIFLES

Now, here is a man dragging another person to Court over what at best are mere discrepancies in names when he himself is a victim of some discrepancies in his name on Exhibit P2 without any legal consequences whatsoever. Was he also guilty of forgery by the differences in the spelling of his surname in Exhibits P1 and P2 as admitted by him and confirmed by the Court below? Perhaps not. In my finding, these are things which are bound to occur from time to time in human affairs and so long as no criminal intention is imputed and attributed or attributable to them they remain mere trifles tolerated by the society as mere discrepancies. It amounts to no crime of forgery and or false statement at all merely on account of such mere discrepancies. These are mere discrepancies that should not ipso facto without more invoke and ignite grave allegations capable of disqualifying a candidate in law from aspiring to ‘serve his people’. Curiously though as an aside now and no more considering issue three having concluded my consideration of issue three, as I was reading the appellate briefs of counsel, I came across the name of the learned counsel for the 1st Respondent written and signed as ‘J. I. Odibeli Esq,’ then I saw his NBA Seal in the name of ‘Ibezimako Joseph Odibeli, which translates to ‘I. J. Odibelei’ and not ‘J.I. Odibeli.’

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

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