Can this evidence pass for its content of oral agreement of a yearly tenancy to vitiate the termination of the lease in 1980? Can the bare ipse dixit of a witness of the existence of oral evidence turn around in his favour in the face of clear documentary evidence to the contrary? I have a few more questions to ask but I can stop here.
– Tobi JSC. Odutola v. Papersack (2007)
SHARE ON
Very much aware of the findings of facts by the two lower courts in this matter, I must state, all the same, that where the evidence to be evaluated is mainly documentary as here, this court is as in good a vintage position as the trial court. – Chukwuma-Eneh JSC. Yaro v. Arewa CL (2007)
In ETOKHANA v. NDIC & ANOR. (2016) LPELR-CA/K/212/2013, “In addition to this, the law is that a document cannot be rejected on the ground that it was not stamped, for, as held in the case of Prince Will Eyo Asuquo & Ors. V. Mrs. Grace Godfrey Eyo & Anor. (2013) LPELR-20199 (CA) per Tur, JCA, ‘the purpose of the requirement of stamping is to ensure that Government does not lose revenue thereby’. Lack of stamping, His Lordship held, does not render the document inadmissible.” Per ADEFOPE-OKOJIE, J.C.A. (P. 41, Paras. A-C)
It is correct, as submitted, that Section 126(a)-(d) of the Evidence Act, 2011 provides inter alia that “oral evidence must, in all cases whatever, be direct”. The rationale for the rule can be said to be: (1) The unreliability of the original maker of the statement who is not in Court and not cross-examined; (2) The depreciation of the truth arising from repetition; (3) Opportunities for fraud; (4) The tendency of such evidence to lead to prolonged inquiries and proceedings; (5) Hearsay evidence tends to encourage the substitution of weaker evidence for stronger evidence.
— J.H. Sankey, JCA. Brila Energy Ltd. v. FRN (2018) – CA/L/658CA/2017
It is trite that a document speaks for itself. – Onnoghen JCA. Union Bank v. Akinrinmade (1999)
Tritely, the best form of evidence for the resolution of election matters are documentary evidence. A complaint that a candidate did not score the majority of lawful votes at the election is an invitation to compare and contrast figures. See the case of ANOZIE VS OBICHERE (2008) 8 NWLR (PT. 981) 140 AT 155 PARAS. H. In election petition cases the decision of the Court, particularly when the issue is as to who had the majority of lawful votes, is based largely on documentary evidence, mainly election result forms. See the case of NGIGE VS OBI (2006) 14 NWLR (PT. 2006) 14 NWLR (PT. 999) 1 AT 233. It is trite that results of election declared by an independent electoral commission are presumed correct, authentic and genuine. See SECTION 168 (1) OF THE EVIDENCE ACT (AS AMENDED) 2022. Thus, in order to rebut the presumption of regularity in favour of the election results declared by INEC, the admissibility, inadmissibility and the probative value of Forms EC8As, EC8Bs, EC8Cs, EC8D, EC8E, etc, will be seriously contested. On the veracity of documentary evidence, it has been held that a Court is right to place a greater value on documentary evidence than oral testimony. As the most reliable if not the best evidence, is documentary evidence. It is certainly more reliable than oral evidence. When tendered and admitted in Courts are like words uttered and speak for themselves, on the strength of which the tribunal has powers to add to the votes found to have been wrongly excluded to the score by the affected candidate. See the following cases: SAM V. EKPELU (2001) 1 NWLR (PT. 642) 582 – 797, FAYEMI VS. ONI (2009) 7 NWLR (PT. 1140) 223, AIKI VS. IDOWU (2006) 9 NWLR (PT. 984) 47 AT 65. Therefore, in the resolution of this issue, it will be on the dissection of the principles governing election result forms and documents and the admissibility of the same.
— A. Osadebay, J. APC v INEC & Ors. (EPT/KN/GOV/01/2023, 20th Day of September, 2023)
The simple and straightforward answer to this argument is that the issue of dumping of documents on court, which expression in any case suggests that the documents so dumped are already in evidence before the court, only goes to the weight to be attached to the documents by the court. On this reasoning, this ground of the objection is rejected and overruled.
— H.S. Tsammani, JCA. Atiku v PDP (CA/PEPC/05/2023, 6th of September, 2023)
Click the icons to like, follow, and join JPoetry