PETER IGHO V. THE STATE
August 4, 2025ABDUL HAMID OJO V. PRIMATE E.O. ADEJOBI & ORS
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 21116
In the Supreme Court of Nigeria
Fri Mar 10, 1978
Suit Number: SC. 235/1975
CORAM
UWAIS JUSTICE, SUPREME COURT NNAEMEKA-AGU WALI KUTIGI OGWUEGBU JUSTICE, SUPREME COURT JUSTICE, SUPRE
UDOMA JUSTICE, SUPREME COURT
FATAI-WILLIAMS, JUSTICE, SUPREME COURT,
PARTIES
CHIEF AYENI & ORS (Odofin of Ikoro)
APPELLANTS
HIS HIGHNESS JOSEPH DADA & ORS (The Olojaoke of Okemesi)
RESPONDENTS
AREA(S) OF LAW
ADMISSIBLITY OF DOCUMENTARY EVIDENCE- APPEAL
SUMMARY OF FACTS
The court of appeal ordered a retrial of the matter on the grounds that the documents relied on by the trial court in giving its judgment were inadmissible. The trial court had relied on Exhibits F and G and other evidence which were made by public servants in their official capacity and which related to the issue of the boundary of the land in dispute.
HELD
The court allowed the appeal and restored the decision of the trial court.
ISSUES
Whether the lower court was right in holding that Exhibits F and G were inadmissible and ordering a retrial.
RATIONES DECIDENDI
ADMISSIBILITY DOCUMENTS CERTIFIED BY AN OFFICER OF THE NATIONAL ARCHIVES
A document certified by an officer of the National Archives and authenticated by the official seal of the Director of Federal Archives is admissible in evidence- Fatayi- Williams J.S.C
ADMISSIBILITY OF DOCUMENTS MADE BY PUBLIC SERVANTS IN OFFICIAL CAPACITY
Documents made by public servants in the course of their official duties at a time when no litigation was pending are relevant and admissible- Fatayi- Williams J.S.C
ADMISSIBILITY OF DOCUMENT ADMISSIBLE UNDER A WRITTEN LAW BUT ADMITTED UNDER THE PROVISIONS OF ANOTHER WRITTEN LAW
if a document, (tendered in evidence in a civil case and admitted without objection), is clearly admissible under the provisions of a particular written law but is admitted by a trial Judge wrongly under the provisions of another written law, it will be grossly unjust for a Court of Appeal to hold, in an appeal against the judgment of the lower court which admitted the document, that the document has been wrongly admitted and to allow the appeal on that ground- Fatayi- Williams J.S.C
CASES CITED
Onyeanwusi v. Okpakpara 14 WACA 311
Thanni v. Saibu (1977) 2 S.C. 89
Okeke v. Obidife (1965) NMLR 113
STATUTES REFERRED TO
The Evidence Act
National Archives Act
