- Onuh V. Idu (2002) FWLR Pt 94 at 66.
- Oladede V. Aromoaran II (1996) 6 NWLR Pt 453 at 180.
We urge the court to reject the document sought to the
tendered.
Chile Okoroma Esq: We urge court to discountenanced with the
objection of the learned counsel as misconceived and
technical. We submit that we complied with the requirements
of Section 89 (c) of the Evidence Act 2011. The witness
testified to the fact that the original was lost and cannot find
it. It naturally follows that he made efforts and cannot get it
and the court is required to do substantial justice. What is
required is substantial compliance with the law. Therefore,
we submit that the witness led sufficient foundation to
warrant the admissibility of the document. The defence
counsel went to what is unnecessary at this stage because
what we are doing now is admissibility of document as he
went into the issue of weight. We submit the document is
relevant to this proceedings, because the name of the
purchases or has been mentioned Umar Yahaya but what is
in the document is Mohammed Umar Yahaya. We finally
urge the court to admit the document in evidence and
discountenanced with the objection.
Court:
Ruling
When the prosecution sought to tender a photocopy of a sale
of a house at Bado Quarters, Sokoto in evidence through
PW2, the defence counsel objected to its admissibility on the
grounds that the witness did not led any foundation as
required by Section 89 (c) of the Evidence Act, 2011; (ii) that
the evidence of the witness relate to sale of a house between
him and one Umar Yahaya while the document sought to be
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