Thorough Dissection of Issues relating to Admissibility of Photocopy of a CTC of a Public Document By Fisayo W. Okuboyejo

First, without going into details of what a Public document is and the types of public document which could be admitted in law and without me also going into details regarding the type of secondary document which could be admitted in law I will like to dive into the deep discussion concerning whether a photocopy of a CTC (Certified True Copy) of a public document could be admitted in law.
I will want to state that we only have a Supreme Court authority on the issue of admissibility of photocopy of public document as far as Nigerian cases is all about, which is the case of Magaji V Nigerian Army, (2008) 8 NWLR (Pt.1089) 388 at 396, paras. A-C (SC).
All other cases like OGBURU V ODUAGHAN, BABAN-LUNGU & ANOR V. ZAREWA & ORS etc all ended at the Court of Appeal either in support or against the admissibility of photocopy of public document.
Having said that, I will quickly dive into this Magaji’s case….The decision reached in Magaji was never an Obiter Dictum, before I give reason why its not, I will like to define what an Obiter is, In the case of  ODUNUKURE v. OFOMATA & ANOR, (2010) I8 NWLR (Pt. 1225) 404 S.C. the Supreme Court defined An obiter as a statement made in passing which does not reflect the ratio decidendi, i.e statement made not in relation to the case.
if we look at Magaji V Nigerian Army’s Case, Ratio 15 & 16 of the case talked about the issue of admissibility of a photocopy of a CTC of a public Document, the portion was read by my Lord, Hon Justice I.F Ogbuagu JSC where he gave reasons why the Statement of the defendant which was earlier marked  Exhibit 1 was admitted even though it’s a photocopy of a CTC of a public document.
My lord ratio’s is in line with ISSUE 4 formulated by the Supreme Court in that case.
And looking at the Supreme Court case of Oluruntoba-oju V. Abdul-Raheem (2009) 13 NWLR (Pt. 1157)83 S.C, My Lord Via Hon Justice O.O Adekeye JSC in that case while giving his lead Judgment held that a concurrent judgement of the Court forms part of a leading Judgement as the concurrent judgement is meant to complement the leading judgement by way of addition or an improvement on the issues resolved in the leading judgement. My lord further stated that both the leading judgement and concurrent judgement crystallize into the judgement of the court and that, it should not be regarded that the lead judgement of the Court is the only judgment of an appellate Court.
Now, taking a look at the statement made by My Lord, Hon Justice Ogbuagu in Magajis case..I am confident to make a statement to say that the issues raised by My Lord, Hon Justice Ogbuagu is made in line with the issues resolved by the court in the lead judgment, as the ratio was formulated in line with the Fourth Issue formulated by the Court in the lead Judgement and so for that reason, My Lord’s Statement should be regarded as an improvement of the lead Judgement and never an Obiter because it reflected the ratio decidendi of that case in the lead judgement.
This would not have been the case if My Lord was passing a statement concerning tenancy issue in this case as that would definitely be regarded as a pure Obiter Dictum.
This is an Eye opener for all Lawyers that the decision of the Court in Magaji V Nigerian Army is valid until over ruled by the Supreme Court itself.
Fisayo W Okuboyejo Esq, MNIM, ACIarb(UK).
General Counsel 2
JLAA


Share your Story with us on Whatsapp +2348060798767,  Facebook, Twitter

Join our Whatsapp  group and get instant updates. Click HERE

Click>>> HERE >>>to advertise with us



Win your Court cases today, Get Affordable Supreme Court Law Reports >> CLICK HERE



ATTEND INTERNATIONAL CONFERENCE FOR FREE >>>CLICK HERE⇒⇒⇒ HiiL International Lagos Innovative Justice Confernce, LIJC



2018 NBA AGC ABUJA: AVOID FRAUDSTERS>>>DOWNLOAD OFFICIAL 2018 AGC ABUJA ACCOMMODATION BULLETIN AND BOOK YOUR HOTEL RESERVATION WITH SALEM QUEST LTD, NBA AGC OFFICIAL LOGISTICS PARTNER



Serene.ng: Book your hotel Accomodation for 2018 NBA AGC Abuja with a click



VOTE JONATHAN GUNU TAIDI ESQ FOR GENERAL SECRETARY , NIGERIAN BAR ASSOCIATION

READ JONATHAN GUNU TAIDI ESQ'S PROFILE HERE >>>>  Jonathan Gunu Taidi : The Profile of a Consumate Bar Man

SUPPORT CHIEF RAFIU OYEYEMI BALOGUN FOR NBA GENERAL SECRETARY

READ CHIEF R.O. BALOGUN'S PROFILE HERE >>>> Chief Rafiu Oyeyemi Balogun (Baloo): The Profile of an Excellent Bar Leader

Vote Professor Ernest Ojukwu SAN for NBA President >>> Join the call to "set a new Bar"

READ THE PROFILE OF Professor Ernest Ojukwu SAN  HERE >>> Professor Ernest Maduabuchi Ojukwu SAN: The inspiring profile of the Teacher READ Professor Ernest Ojukwu SAN 's COMPLETE MANIFESTO HERE >>> SETTING A NEW BAR

VOTE JOSHUA ENEMALI USMAN ESQ FOR NBA WELFARE SECRETARY

READ THE PROFILE OF JOSHUA ENEMALI USMAN ESQ HERE>>>> Meet Joshua  Enemali  Usman: The Profile

VOTE JOHN AIKPOKPO-MARTINS ESQ FOR NBA 2ND VICE PRESIDENT

READ THE PROFILE OF JOHN AIKPOKPO-MARTINS ESQ HERE>>>> John O. Aikpokpo-Martins: A brief profile of a Revolutionary and Committed Bar Man 

VOTE NNAMDI INNOCENT EZE ESQ FOR NBA LEGAL ADVISER

READ THE PROFILE OF NNAMDI INNOCENT EZE ESQ HERE>>>> Sir Nnamdi Innocent Eze: The Unveiling of a Consummate Bar Leader

VOTE KUNLE EDUN ESQ FOR NBA PUBLICITY SECRETARY

READ THE PROFILE OF KUNLE EDUN ESQ HERE>>>> Kunle Edun : The Profile of a Legal Revolutionary

VOTE OBIANUJU MARY CHUKWUMA-OKAFOR FOR NBA NATIONAL TREASURER

READ THE PROFILE OF OBIANUJU MARY CHUKWUMA-OKAFOR HERE >>> Obianuju Mary Chukwuma-Okafor: The Profile of a Tested and Trusted Bar Woman

Leave a Reply

Your email address will not be published.