LEGAL PRINCIPLE: EVIDENCE LAW – Public Documents – Intelligence Reports
PRINCIPLE STATEMENT
An Intelligence Report is a public document made by a public officer and is presumed to contain true information and is admissible in evidence. It is receivable in evidence in appropriate circumstances and ought to be given due consideration by the court.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Nteogwuile v. Otuo (2001) NLC-1631996(SC) at p. 28; Paras A–D.
"An Intelligence Report is a public document made by a public officer and is presumed to contain true information and is admissible in evidence. It is receivable in evidence in appropriate circumstances and ought to be given due consideration by the court."
EXPLANATION / SCOPE
An Intelligence Report is a public document made by a public officer. It is presumed to contain true information and is admissible in evidence. The court must give it due consideration in appropriate circumstances. The presumption of regularity attaches—official duties are regularly performed. The report may be used as evidence of facts stated, not just as proof of its existence. The weight to be attached depends on the circumstances and any opposing evidence. The report is not conclusive but is prima facie evidence. The opposing party may challenge its accuracy. The principle facilitates reliance on official records. The court evaluates the report along with other evidence. The report is receivable in chieftaincy and land matters.
