DOCUMENTARY EVIDENCE IS THE BEST FORM OF EVIDENCE

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)

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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.’

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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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DUMPING OF DOCUMENTS ONLY GOES TO WEIGHT TO BE ATTACHED

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)

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EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

Generally, where parties to an agreement have set out the terms thereof in a written document, extrinsic evidence is not admissible to add to, vary from, or contradict the terms of the written instrument.

– Augie JSC. Bank v. TEE (2003)

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

Having regard to the provisions of section 132(1) of the Evidence Act, oral evidence cannot be admitted to contradict, alter, add to or vary a contract or document unless such evidence falls within any of the matters that may be proved by such oral evidence by virtue of the provisos thereto. The provisos only permit evidence which will not be inconsistent with the terms of the relevant contract or document.

– Uwaifo JSC. Fortune v. Pegasus (2004)

ORAL EVIDENCE IS TESTED BY DOCUMENTARY EVIDENCE

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DOCUMENTARY EVIDENCE IS THE BEST FORM OF EVIDENCE

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READING TWO DOCUMENTS TO GET SUFFICIENT MEMORANDUM

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DISCREPANCIES IN NAMES OR DOCUMENTS WITHOUT MORE ARE MERE TRIFLES

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DUMPING OF DOCUMENTS ONLY GOES TO WEIGHT TO BE ATTACHED

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EXTRINSIC EVIDENCE NOT TO CONTRADICT WRITTEN INSTRUMENT

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ORAL EVIDENCE CANNOT CONTRADICT DOCUMENTARY EVIDENCE

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