DAUDU Vs. FRN not an authority for section 84, Evidence Act

DAUDU Vs. FRN not an authority for SECTION 84, EVIDENCE ACT, 2011, as culled by Uche Onyedum ESQ from the presentation made by HON. JUSTICE ALABA OMOLAYE-AJILEYE at the just concluded Criminal Law Review Conference 2018

The case of DAUDU Vs. FRN (2018) LPELR-SC 172/2017 has the effect of whittling down the effect of Section 84 of the Evidence Act. However, attention must be paid to the salient but crucial point that approval of the documents as admissible evidence by the Supreme Court was not solely based on the fact of certification by the banks.

The decision of the apex court was based more on the fact that the appellant himself relied on the same documents for his defence. It was therefore, held that he cannot rely on the documents for his defence and at the same time ask that they be expunged from the records.

This is a most prominent distinguishing feature in the case that may not make it a relevant authority in all circumstances.

As a matter of fact, this case was decided on its own peculiar facts and ought not to stand as an authority for the proposition that computer generated statements of accounts need not comply with Section 84(1), (2) and (4) of the Evidence Act, 2011

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