The Hon. Justice E.O. Araka V The Hon. Justice Don Egbue (1993)
LawGlobal-Hub Lead Judgment Report
N. TOBI, J.S.C.
This appeal involves a fairly narrow area of our adjectival law. It has to do with the interpretation or construction of section 97(2)(c) of the Evidence Act, Cap. 112, Laws of the Federation of Nigeria, 1990.
The facts of the case are not in controversy. They are very well set out in the appellant’s brief. It is an action on libel. The appellant, as plaintiff, filed an action claiming the sum of N10 million as damages for libel against the respondent in a letter dated 10th September, 1984, written by the respondent concerning the appellant and in the way of his office as Chief Judge of Anambra State.
By their pleadings the parties joined issues and the matter went to trial. Appellant opened his case on 9th October, 1992 by calling Kingsley Ngwu Udoh, a legal practitioner, as his first witness. The witness testified that he was representing the Principal Secretary to the Executive Governor of Enugu State who was subpoenaed to tender documents in the court. After saying that the original letter dated 10th September, 1984 addressed to the Military Governor of Anambra State could not be found, witness tendered a photocopy of the letter through counsel for the appellant. Counsel for the respondent objected on the ground that the letter being a public document can only be admitted in evidence if it is a certified true copy of the original as required by section 96(1)(e) and 96(2)(c) of the Evidence Act, Cap. 62, Laws of the Federation of Nigeria and Lagos, 1958, now section 97(1)(e) and (2)(c) of Cap. 112 of the Evidence Act, 1990.
The learned trial Judge, Omotosho, J. of blessed memory overruled the objection and held that the original of the letter dated 10th September, 1984, having been lost, any secondary evidence of the lost document is admissible under section 96(1)(c) and section 96(2)(a) of the Evidence Act. The document was thereafter admitted as exhibit
Other Citation: (1993) LCN/2535(SC)
