Judiciary-Poetry-Logo
JPoetry

OBJECTION TO SPECIFIED DOCUMENT

Dictum

An objection to one specified document cannot be taken as an objection to another document bearing a totally different date. – Obaseki, JSC. Obiora v. Osele (1989) – SC.70/1987

Was this dictum helpful?

SHARE ON

TENDERING OF ORIGINAL DOCUMENT

By the combined effect of Sections 86, 87, 88, 89, 90, 102 and 103 of the Evidence Act, 2011, documents (Public or Private) may be produced in Court by tendering either the original of the document itself or the copy thereof known as secondary evidence: but a party relying on secondary evidence of a public document must produce the certified true copy and no other copy thereof is admissible.

— C.B. Ogunbiyi, JSC. Kassim v. State (2017) – SC.361/2015

Was this dictum helpful?

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

Was this dictum helpful?

PARTY MUST ENDEAVOUR TO LINK DOCUMENTS TO SPECIFIC PLEADING TO AVOID DUMPING DOCUMENTS

Surprisingly the documents were dumped on the Court without any witness linking them up documents with the specific complaints of non compliance. It is settled law that despite the tendering of exhibits in proof of a Petition/case, the onus of proving the case pleaded and for which the documents were tendered in evidence, lies on the Petitioner. In the instant Petition, a lot of documents were tendered from the Bar. When a party decides to rely on documents to prove his case, there must be a link between the documents and the specific areas of the Petition. The party must relate each document to the specific areas of his case for which the documents were tendered. Failure to link the documents is fatal and catastrophic as it is in this case. The Supreme Court in the recent case of TUMBIDO V. INEC & ORS. (2023) LPELR-60004 (SC) held Per Jauro, JSC (at P.43, Paras C-F) as follows: “The practice of dumping documents on the Court without speaking to them has been deprecated by this Court on numerous occasions. No Court is entitled to conduct inquisitorial investigations into the contents of a document or purport thereof in its chambers. The Appellant ought to have called a witness to speak to the photographs and video recording before the Court. See MAKINDE V. ADEKOLA (2022) 9 NWLR (PT. 1834) 13; MAKU V. AL-MAKURA (2016) 5 NWLR (PT. 1505) 201; A.C.N. V. NYAKO (2015) 18 NWLR (PT. 1491) 352.”

— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)

Was this dictum helpful?

WEIGHT CANNOT BE PLACED ON A DOCUMENT TENDERED BY A PERSON WHO IS NOT IN A POSITION TO ANSWER QUESTIONS ON THE DOCUMENT

Weight can hardly be attached to a document tendered in evidence by a witness who cannot be in a position to answer questions on the document. One such person the law identifies is the one who did not make the document. Such a person is adjudged in the eyes of the law as ignorant of the contents of the document. Although section 91(2) allows him to tender the document, the subsection does not deal with the issue of weight, which is dealt with in section 92. Weight in section 92 means weight of evidence, which is the balance or preponderance of evidence; the inclination of the greater amount of credible evidence offered in a trial to support one side of the issue rather than the other. (See Black’s Law Dictionary (6ed) page 1594). In view of the fact that cross-examination plays a vital role in the determination of the weight to be attached to a document under section 92, and a person who did not make the document is not in a position to answer questions on it. I see the point made by the Court of Appeal.

— Niki Tobi, JSC. Buhari v. INEC (2008) – SC 51/2008

Was this dictum helpful?

READING TWO DOCUMENTS TO GET SUFFICIENT MEMORANDUM

Long v. Millar (1879) 4 CPD 450, said Russel, J., in Stokes v. Whicher (1920) 1 Ch 411, 418, comes to this; that, if you can spell out of the document a reference in it to some other transaction, you are at liberty to give evidence as to what that other transaction is, and, if that other transaction contains all the terms in writing, then you get a sufficient memorandum within the statute by reading the two together.’

Was this dictum helpful?

No more related dictum to show.