In an effort to prove the guilt of the defendant in this case, the learned prosecuting counsel called a total number of 4 witnesses and tendered three exhibits. Exhibit A and A1 the Hausa and English translation of the statement of the defendant, exhibit B which is a medical report in respect of the victim of this offence. The defendant on the other hand did not testify in his defence himself but he called a witness who is his elder brother who testified on his behalf about his mental sickness and through whom a medical report in respect of the defendant from Neuropsychiatric hospital Kware Sokoto state was admitted in evidence by this court as exhibit C1. The learned defence counsel raised a preliminary issue on the admissibility of exhibit B the medical report issued by specialist hospital Sokoto in respect of the victim of this offence. The learned counsel urged this Hon. Court to discountenance exhibit B in evidence on the grounds that the medical report in a secondary document and is therefore inadmissible in evidence unless where certain conditions are met and on this the learned counsel referred this court to section 87 of the Evidence Act 2011. The learned counsel stated that the prosecution failed woefully to lead proper foundation as to why the original cannot be tendered and without such a foundation, the 14