I have gone through the testimonies of DWs 1 and 2 in the
witness box. I have also perused the documents, exhibits 12, 12
(a)13, 14,15,16,16(a) 17-17 (c) admitted in evidence through
DW2.
I will consider these exhibits first before I proceed to make my
findings. Firstly, exhibits 12 and 12(a) are purported application
for purchase of Federal Government Houses located at No. 84
Yakubu Gowon, Asokoro and No 11B Vanem Crescent Maitama,
Abuja by one Ebikabowie Victor. DW2 also in his evidence
testified thus:“32222I now told P.A that I cannot proceed except I give him a
form to give to the nominal complainant and affix his picture then
I will process it.”
DW2 identified the two applications and they were received in
evidence without objection. However, this is a Court of law and
what does the law prescribes before the admissibility of such
documents?
In the instant case, a careful perusal of the two exhibits show
that the two exhibits were presented to Ad- Hoc Committee and
the Committee affixed their official stamp on 5th October, 2011
on the duplicate copy. Thus, by the Ad-Hoc Committee affixing its
official stamp on the return copy or duplicate copy, even though
the exhibits 12 and 12 (a) are in the position of a public
document, the endorsement by Ad-Hoc
committee with its
official stamp makes the two exhibits primary evidence. See AJOR
ENEJI V THE STATE, (2013) LPELR 20393 (CA), NWOBODO
V ONOH (1984) 1SC1.
Now that exhibits 12 and 12 (a) are admissible, was it proper in
law to tender same and admit them in evidence through DW2
who was not the maker of the documents i.e exhibits 12 and
12(a)?
In the recent case of ABDULATEEF ABDULSALAM V THE
STATE, (2018) LPELR 45371, the Court of Appeal Jos Judicial
division held:“The law is well settled that documents produced by parties in
evidence in course of hearing are to be tested in open Court
before the Court can evaluate them to determine their relevance
in the determination of the case upon which the documents are
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