EVIDENCE LAW — Hearsay — Medical Reports — Admissibility Without Calling Maker
Ratio Decidendi
Per Adekeye, JSC, in Edoho v. State (2010) NLC-123-372-2007(SC) at p. 6, para. D – p. 7, para. A:
"By the provisions of section 42 (1) of the Evidence Act, it is not mandatory for a medical officer who performed an autopsy on a deceased to be present in court in order to give evidence during the trial. Production by either party of a certificate signed by the medical officer may be taken as sufficient evidence of the facts."
Explanation / Scope
This principle allows medical reports or certificates to be admitted without calling the maker. It is a statutory exception to the hearsay rule. The certificate signed by the medical officer is sufficient evidence of the facts stated. It applies in criminal trials where an autopsy report is tendered. The court may act on it. However, weight depends on the circumstances. The opposing party may still challenge it. It avoids unnecessary delay and expense. It must comply with statutory requirements. The court must ensure the certificate is properly signed and produced.