EVIDENCE LAW — Documentary Evidence — Tender of Part of Document — Failure to Produce Entire Document May Attract Adverse Inference Under Evidence Act
Ratio Decidendi
Per Tobi, JSC, in Maikyo v. Itodo & Ors (2007) NLC-123-242-2003(SC) at p. 16; Paras A–B:
"The Court of Appeal examined the issue of fair hearing and said at page 143 of the Record: 'It is clear that the appellant was retired from the service of the Benue Local Government Service Commission on the views of the committee set up by the Guma Local Government. In the circumstance, I agree entirely with the Court of Appeal that the appellant ought to have produced the minutes of the committee that investigated the matter.'"
Explanation / Scope
A party who tenders only part of a document and fails to produce the entire document may attract an adverse inference under the Evidence Act. The court may presume that the omitted portion would not be favourable to the party withholding it. This ensures completeness and fairness in the presentation of documentary evidence.