LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Secondary Evidence of Public Document Must Be Certified True Copy
PRINCIPLE STATEMENT
The only acceptable secondary evidence of a public document is a certified true copy. Section 97(2)(c) of the Evidence Act provides that no other kind of secondary evidence is admissible for public documents.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Araka v. Egbue (2003) NLC-1671999(SC) at pp. 8–9; Paras E–A.
"It is clear from the provision of section 97(2)(c) that the only acceptable secondary evidence of a public document is a certified copy of the document. The subsection has put the position precisely concisely and beyond speculation or conjecture by the words 'but no other kind of secondary evidence is admissible'. This provision is clearly in contradistinction to the provision of section 97(2)(a) of the Act which admits any secondary evidence of the contents of the document."
EXPLANATION / SCOPE
Only certified true copies are admissible as secondary evidence of public documents. The principle applies to evidence law. No other form of secondary evidence is allowed for public documents. The rule ensures authenticity. The court will reject uncertified copies. The principle is well-established.