LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Distinction Between Public and Private Documents for Secondary Evidence Purposes
PRINCIPLE STATEMENT
Section 97(2)(a) of the Evidence Act anticipates private documents, while section 97(2)(c) provides for public documents. Private documents are all documents which are not public documents as defined in section 110.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Araka v. Egbue (2003) NLC-1671999(SC) at p. 9; Paras B–C.
"In my humble view, section 97(2)(a) anticipates private documents within the very vague meaning of section 110 of the Act. In other words, while section 97(2)(c) provides for public documents, section 97(2)(a) provides for private documents, which section 110 simply defines as all other documents which are not public documents."
EXPLANATION / SCOPE
Public and private documents have different rules for secondary evidence. The principle applies to evidence law. Certified copies are required for public documents. Any secondary evidence may suffice for private documents under conditions. The rule distinguishes between document types. The principle is well-established.