EVIDENCE LAW — Admissibility of Evidence — Statutory certificate vs. Evidence Act
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in NSIT & Anor v. Klifco Nigeria Limited (2010) NLC-123-288-2005(SC) at p. 7; Paras C–D:
"It therefore cannot be correct for the Appellant to insinuate that having met the provisions of Section 38 (supra) only that Exhibit 'L' is admissible i.e. without any further consideration of Section 91(3) (supra). Exhibit 'L' must also meet the conditions prescribed in Section 91(3) (supra) otherwise it remains inadmissible inspite of Section 38 (supra)."
Explanation / Scope
This principle establishes that compliance with Section 38 of the Evidence Act is not sufficient; the document must also satisfy Section 91(3). The principle applies where statutory certificates are tendered. It ensures that all conditions for admissibility are met. The principle reflects that statutory provisions must be read together. It prevents admission of documents that do not meet all requirements. The court must consider both provisions. The principle provides guidance on the admissibility of statutory certificates.