LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Evidence – Documents in Indigenous Languages – Judge Cannot Engage in Private Translation
PRINCIPLE STATEMENT
Official language of superior courts of record in Nigeria is English and that if documents written in any language other than English are to be tendered and properly used in evidence, they must be duly translated into English either by a competent witnesses called by the party to the proceedings who needs them to prove his case or by the official interpreter of the court. A Judge cannot on his own engage in the translation or interpretation of a document written in a language other than English since he is precluded from performing the role of witness and an arbiter at the same time in the same proceedings.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ojengbede v. Esan & Anor (2001) NLC-321991(SC) at p. 19; Paras A–B.
"Official language of superior courts of record in Nigeria is English and that if documents written in any language other than English are to be tendered and properly used in evidence, they must be duly translated into English either by a competent witnesses called by the party to the proceedings who needs them to prove his case or by the official interpreter of the court. A Judge cannot on his own engage in the translation or interpretation of a document written in a language other than English since he is precluded from performing the role of witness and an arbiter at the same time in the same proceedings."
EXPLANATION / SCOPE
Documents in languages other than English must be translated into English by a competent witness or the court’s official interpreter before being used in evidence. A judge cannot privately translate such documents—that would combine the roles of witness and arbiter. The judge cannot act as an interpreter. The translation must be part of the evidence, subject to cross-examination. The principle ensures that the opposing party can challenge the accuracy of translation. The judge’s role is to evaluate translated evidence, not to produce it. The rule applies to all documents not in English. Failure to comply may render the document inadmissible or its content unprovable. The judge cannot rely on personal knowledge of the language.
