By HW Emmanuel J. Samaila, Esq.*
In Jalo & Anor v. Gambo & Ors (2019) LPELR-49208 (CA) Pp.33 – 44 Paras E – A, one of the issues for determination was: Whether photocopies of certified true copies of public documents are admissible in law without the need for further certification.
The appellant’s counsel submitted that that photocopies of certified true copies of public documents are admissible in law without further certification. He placed reliance on the decisions of the apex Court in Magaji v. The Nigeria Army (2008) LPELR-1814 SC; International Bank Nig. Limited v. Dabiri (1998) 1 NWLR (PT. 583) 284, and Esione v. Isiofia (2016) LPELR-41060.
Conversely, the respondent’s counsel contended that the photocopies of certified true copies of public documents are inadmissible. He anchored his argument on the case of Ogunleye v. Aina (2011) 3 NWLR (PT 1235) 479 and added that Magaji v. Nigerian Army is no longer the position of the Supreme Court.
In his resolution of the issue, Peter Olabisi Ige, JCA, in the leading judgment of the Court in Jalo & Anor v. Gambo & Ors (above), quoted extensively from the decision of the apex Court in the case of Araka v. Egbue (2003) 17 NWLR (PART 848) 1 where Niki Tobi, JSC held, in the leading judgment, that the only secondary evidence of a public document that is admissible is a “certified true copy of the document but no other kind of secondary evidence”.
His Lordship, Ige, JCA, went to state that:
“Coincidentally it was the same legal giant Niki Tobi JSC of blessed memory who delivered the leading judgment in the case of Major Bello Magaji v. The Nigerian Army (2008) 8 NWLR (PART 1089) 338. His Lordship Niki Tobi, JSC did not decide in the lead judgment that a photocopy of certified True Copy of public document could be admitted or relied upon in place of certified true copy made directly from the original.” (Emphasis supplied)
His Lordship added that it was in Ogbuagu, JSC’s concurrent decision in Magaji v. The Nigerian Army that the statement about the photocopy of a certified true copy of a public document being admissible without further certification was made.
It is trite law that the leading judgment is the judgment of the court. See the case of Abimbola Daramola v Wale Aribisala & Anor (2009) All FWLR (PT 496) 1964. As a corollary, it is fatal to rely on a statement of law made in a concurring decision which was not made or considered in the lead judgment or which goes beyond an issue resolved in the leading judgment. See the case of SDP v. Biem & Ors (2019) LPELR-46871 (CA) Pp.21 – 23 Paras. B – B.
So, did the Supreme Court hold in Magaji v. Nigerian Army (2008) that the photocopy of a certified true copy of a public document is admissible? No.
* Upper Customary Court, Kaduna State. Wednesday, 2 August, 2023
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