LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Rationale for Certified Copy Requirement for Public Documents
PRINCIPLE STATEMENT
One main objective of section 97(2)(c) of the Evidence Act is to ensure the authenticity of the document tendered vis-a-vis the original. This is in addition to the need for the preservation of public documents. In this age of sophisticated technology, secondary evidence could be tutored and therefore not authentic.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Araka v. Egbue (2003) NLC-1671999(SC) at p. 12; Paras C–D.
"One main objective behind section 97(2)(c) of the Evidence Act is to ensure the authenticity of the document tendered vis-a-vis the original. This is in addition to the need for the preservation of public documents. In this age of sophisticated technology, photo tricks are the order of the day and secondary evidence produced in the context of section 97(2)(a) could be tutored and therefore not authentic."
EXPLANATION / SCOPE
The certified copy requirement ensures authenticity and preservation of public documents. The principle applies to evidence law. Technological advances make uncertified copies unreliable. The rule protects the integrity of public records. The court will insist on certification. The principle is well-established.