LEGAL PRINCIPLE: EVIDENCE LAW – Documentary Evidence – Who Is the Maker of a Document under Section 90(4) Evidence Act
PRINCIPLE STATEMENT
For the purposes of Section 90(4) of the Evidence Act, a statement in a document shall not be deemed to have been made by a person unless the document was written, made, or produced by him with his own hand, or was signed or initialled by him, or otherwise recognised by him in writing as one for the accuracy of which he is responsible.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Ordia v. Piedmont (Nigeria) Ltd (1995) NLC-2651991(SC) at pp. 5–6; Paras E–A.
"For the purposes of this section a statement in a document shall not be deemed to have been made by a person unless the document or material part thereof was written, made or produced by him with his own hand or was signed or initialled by him or otherwise recognized by him in writing as one for the accuracy of which he is responsible."
EXPLANATION / SCOPE
Section 90(4) of the Evidence Act defines the “maker” of a document for the purpose of proving its contents. The maker is the person who wrote, produced, signed, initialled, or recognised the document as accurate. The principle applies to the admissibility of documentary evidence. The party tendering the document must identify the maker. The rule prevents hearsay evidence being admitted as original. The maker must be called as a witness unless excused. The principle protects the right to cross-examine the maker. The court will not admit documents from unknown sources.