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TENDER DOCUMENT FROM THE BAR – PARTY WHO MAKES DOCUMENT MUST BE CALLED TO TESTIFY

Dictum

Abubakar v. INEC [2020] 12 NWLR (Pt. 1737) 37 @ p. 110: “Before I conclude on this issue, let me state that whenever documents are tendered from the Bar in election matters, the purport is to speed up the trial in view of time limitation in election matters. Such tendering is not the end itself but a means to an end. The makers of such tendered document must be called to speak to those documents and be crossexamined on the authenticity of the documents. The law is trite that a party who did not make a document is not competent to give evidence on it. It is also the tested position of the law that where the maker of the document is not called to testify, the document would not be accorded probative value by the Court. That in deed is the fate of exhibits P80 and P24… Finally, on this issue, it was contended by the appellants that the variation in the names of 2nd respondent on Exhibits R19 and R21 makes his relationship with the two documents doubtful. Is “Mohammed” and “Muhammadu” the same name and belong to the 2nd respondent? The Court below made an elaborate discussion on the issue and concluded that RW5 gave explanation on the names and stated that they are the same…. For me, as the appellants failed to prove that any of the documents belong to another person and as nobody has come out to claim any of the two exhibits, I do agree with the explanation given by the RW5 and the conclusions of the Court below that both names “Mohammed” and “Muhammadu” as contained in exhibits R19 and R21 belong to the 2nd respondent. On this note, I resolve issues one and two against the appellants.”

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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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APPEAL COURT CAN EVALUATE DOCUMENTARY EVIDENCE

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)

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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

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DOCUMENTS ARE ALLOWED TO SPEAK FOR THEMSELVES

In my view this is the best starting point because words in a document are allowed to speak for themselves and unless a statement will lead to ambiguity or absurdity words are to be interpreted and understood based on their ordinary grammatical con or meaning.

– A.A.B. Gumel, JCA. Alechenu v. AG Benue (2011) – CA/J/220/2002

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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

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