APPELLATE PRACTICE — Rehearing — Duty to Examine Exhibits — Necessity of Complete Record
Ratio Decidendi
Per Tobi, JSC, in Mobil Producing (Nig) Unlimited v. Monokpo (2003) 18 NWLR (Part 852) 346 at pp. 437–438 (as cited in EKPEMUPOLO v. EDREMODA (2009) NLC-123-35-2000(SC) at pp. 14–15; Paras B–D):
"There is no procedural law known to me which allows an appellate court to accept the evaluation of exhibits by the trial court which are not before that court. A court trial or appellate must see the exhibits before taking any decision on them. A court trial or appellate must see the exhibits before probing into their veracity or authenticity. A court trial or appellate cannot and must come to the conclusion one way or the other, on exhibits which it did not see. Where a court does that there is a clear miscarriage of justice and the judgment must be declared a nullity."
Explanation / Scope
This principle establishes that a court must see exhibits before making any decision on them. An appellate court cannot accept evaluation of exhibits not before it. Failure to consider exhibits leads to miscarriage of justice and renders the judgment a nullity. The principle applies where exhibits are part of the record. It ensures that decisions are based on evidence seen by the court. The principle reflects the need for judicial review of evidence. It prevents courts from relying on unseen documents. The court must ensure the record is complete. The principle provides guidance on the duty to examine exhibits.