EVIDENCE LAW — Admissibility of Evidence — Certificate of Indebtedness — Statement made by a person interested in pending proceedings
Ratio Decidendi
Per Adekeye, JSC, in NSIT & Anor v. Klifco Nigeria Limited (2010) NLC-123-288-2005(SC) at pp. 22–23; Paras D–A:
"Where the law prescribes a particular method of exercising a statutory power, such power must be exercised accordingly and no other method is permissible. The disqualifying interest under Section 91(3) of the Evidence Act is a personal interest, not a mere interest in an official capacity. Where the maker's interest is purely official or as a servant without a direct interest of a personal nature, the document is not thereby excluded. The duty undertaken by the Director in certifying Exhibit 'L' was purely statutory or a ministerial act, and he had no personal or financial interest to derive therefrom."
Explanation / Scope
This principle establishes that a certificate issued by a public officer in the course of official duty is admissible despite Section 91(3) of the Evidence Act, as the interest is official, not personal. The principle applies where certificates are challenged. It ensures that official documents are admitted. The principle reflects that official interest does not disqualify. It prevents exclusion of official documents. The court must admit such certificates. The principle provides guidance on the admissibility of official certificates.