LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Unsigned and Unauthenticated Minutes Not Binding on Absent Parties
PRINCIPLE STATEMENT
If exhibit D1 was intended to be an agreement between the Imoji and the Imode compounds on the rotation of the chieftaincy between the two compounds, it should at least have been signed by the representatives of the two compounds. This omission, which was never explained, is fatal to the whole exercise. Exhibit D1 loses its binding effect. It cannot be held to be binding on the plaintiffs.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Jolayemi & Ors v. Alaoye & Anor (2004) NLC-1062000(SC) at p. 18; Paras B–D.
"If exhibit D1 was intended to be an agreement between the Imoji and the Imode compounds on the rotation of the chieftaincy between the two compounds, it (exhibit D1) should at least have been signed by the representatives of the two compounds. This omission which was never explained, is fatal to the whole exercise. Exhibit D1 in the circumstances loses its binding effect. It cannot be held to be binding on the plaintiffs."
EXPLANATION / SCOPE
Unsigned and unauthenticated minutes cannot bind parties who did not sign them. The omission of signatures is fatal to the document’s binding effect. The principle applies to documentary evidence in all civil proceedings. The court cannot enforce unsigned agreements against absent parties. The rule ensures parties are bound only by documents they duly executed. Signature or authentication is essential for binding effect.