signature in exhibit 9, the statement of Lamar Abba Gana and to
hold that they are signed by the same person.
The submissions of the learned prosecuting Counsel at page 12
paragraphs 2 and 3 of her final written address is not far from the
truth. The position of the law as regards judicial notice or judicial
cognizance or judicial knowledge denotes a Court’s acceptance of
a well known and indisputable fact, without requiring a proof
there from. In the case of RT HON. ROTIMI CHIBUIKE
AMAECHI V INEC, (2008) LPELR 446, wherein the Supreme
Court held: “These requirements of Section 74 of the Evidence
Act, Cap 112 LFN, 1990 are in line with the
definition of the term judicial notice in the case of
COMMONWEALTH
SHIPPING
REPRESENTATIVE V P. O. BRANCH SERVICES
(1923) AC 191 at 212 where the Court said: “Judicial notice refers to facts, which a judge can
be called upon to receive and to act upon, either
from his general knowledge of them, or from
inquiries to be made by himself for his own
information from sources to which it is proper for
him to refer.”
See also KEYSTONE BANK LTD V A. O. S. PRACTICE, (2013)
LPELR 20367 (CA) as well as Black’s Law Dictionary, 9th Edition
2009 page 923.
Arising from the above, in the instance case, firstly, by the
testimony of PW4 and the result of the forensic examination of
documents attached and marked X and XI and A – A5 as well as
B – B5, it has been established that the author of documents
marked X and XI was the Defendant. The evidence of PW4, the
forensic examiner was never discredited under cross examination
by the Defendant. Thus, Section 68(1) of the Evidence Act, 2011
(as amended) provides: 29