ABUBAKAR INJIDDA GAGARA V. DANIEL YADZIMAI

CORAM

CHIDI NWAOMA UWA

PARTIES

ABUBAKAR INJIDDA GAGARA

APPELLANTS

DANIEL YADZIMAI

RESPONDENTS

AREA(S) OF LAW

APPEAL, ACTION, EVIDENCE, TORT, PRACTICE AND PROCEDURE, WORDS AND PHRASES

SUMMARY OF FACTS

This is an appeal against the judgment of the High Court of Adamawa State, Yola Division, Coram Helen N. Hammanjoda, J. in Suit No. ADSY/123/2016 delivered on 4th November, 2019 wherein judgement was given in favour of the Respondent. The Respondent as Plaintiff at the lower Court acting on the belief that the Appellant as Defendant had illegally set law enforcement agents and the machinery of justice against him, instituted an action before the lower Court by a Writ of Summons dated 9th September, 2016, via which the Respondent sought declaratory reliefs and damages against the Defendant for false imprisonment and malicious prosecution. Parties exchanged processes and the matter proceeded to trial. Upon conclusion of trial, the learned trial Judge in a judgment delivered on 4th November, 2019, held that the case is meritorious because the Respondent as Plaintiff proved the four essential elements of malicious prosecution. The Court subsequently entered judgment in favour of the Respondent, granted the declaratory reliefs 1-4, and awarded general damages of varying sums in respect of reliefs 5-8, refused to grant damages in respect of relief 9 and refused to make any order as to cost.

Dissatisfied, the Appellant appealed the judgment via an Amended Notice of Appeal dated 22nd July, 2020 and filed on 23rd July, 2021, but deemed as properly filed on 21st September, 2021, with 9 grounds of appeal.

HELD

Appeal dismissed

ISSUES

Whether the trial Court properly evaluated the evidence before it in arriving at its decision?

Whether the decision of the trial Court that the Appellant maliciously prosecuted the Respondent is sound and legally justifiable?

RATIONES DECIDENDI

DOCUMENTS – DEFINITION OF DOCUMENTS

“Section 258 (a) of the Evidence Act, 2011, defines documents to include books, maps, plans, graphs, drawings, photographs and also includes any matter expressed or described upon any substance by means of letter, figures or marks or by more than one of these means, intended to be used or which may be used for the purpose of recording that matter. From specific items mentioned, it includes anything used to record information of which will qualify as document.” – Per TUKUR, JCA

DOCUMENTARY EVIDENCE – WHETHER DOCUMENTARY EVIDENCE IS THE BEST FORM OF EVIDENCE

“The fact that documents usually retain information in permanent or near permanent form make them a very attractive form of evidence, and is part of what led to the cliché that documentary evidence is the best form of evidence. See: Felicia Akinbisade v The State (2006) 17 NWLR (Part 1007) 184, 201.” – Per TUKUR, JCA

DOCUMENTARY EVIDENCE – PROOF OF DOCUMENTARY EVIDENCE

“Sections 85 and 86 (1) of the Evidence Act 2011, are to the effect that the contents of documents may be proved either by primary or secondary evidence, and that primary evidence means the document itself produced for inspection of the Court. It also contains provisions to the effect that a certified true copy of a public document is the only acceptable secondary evidence of that document.”- Per TUKUR, JCA.

PUBLIC DOCUMENT – MEANING OF PUBLIC DOCUMENT

“Section 102 defined public documents thus:

1.“The following are public documents:

2.(a) documents forming the official acts or records of the official acts of – (i) The sovereign authority; (ii) Official bodies and tribunals; or (iii) Public officers, legislative, judicial and executive, whether of Nigeria or elsewhere; and

(b) Public records kept in Nigeria of private documents”.

From the above, it is indubitable that Exhibits A, B1, B2 and C are public documents, as they constitutes record of the official acts of Public officers and thus require certification before they could be properly admitted and relied upon by the lower Court.

See: Onwuzuruike v Edoziem (2016) 6 NWLR (Pt. 1508) 215, 233-234;” – Per TUKUR, JCA