WHETHER AN UNSTAMPED DOCUMENT IS ADMISSIBLE

OBJECTION TO SPECIFIED DOCUMENT

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

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

CONTENT OF DOCUMENT BINDING ON PARTIES

It is an established principle of law, that the contents of a document are binding on the party who being of full capacity appends his signature to it. He cannot thereafter resile from it or choose an alternative course. – Augie JSC. Bank v. TEE (2003)

HOW CONTENTS OF A DOCUMENT MAY BE PROVED

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.”