EVIDENCE LAW — Proof — Allegation of Theft in Police Records — Duty to Tender Extract
Ratio Decidendi
Per Muhammad, JSC, in Fajemirokun v. Commercial Bank Nig. Ltd. & Anor (2009) NLC-123-336-2002(SC) at pp. 18; Paras B–D:
"Appellant claimed that he saw a complaint of theft against him recorded in the Police record book. It is not the duty of the Police to tender the extract of the record book where appellant saw the complaint of theft written against his name. It is the duty of the appellant to tender such extract in evidence. Throughout the affidavit evidence, that was never exhibited."
Explanation / Scope
This principle establishes that a party alleging a fact in a Police record bears the burden of tendering the relevant extract. It is not the duty of the Police to tender the document. The principle applies where a party relies on Police records to support their claim. It ensures that parties prove their allegations. The principle reflects the general rule that he who asserts must prove. It prevents parties from making claims without evidence. The court must require the party to prove the allegation. The principle provides guidance on proving facts from Police records.