certification of public documents

Generally, public documents are documents created over a public matters, and for the purpose of the public making use of them. They are preserved for the good of the public and always accessible for public inspection and use especially by all those having something to do with those matters they relate to and cover. No definition is given by the Evidence Act as to the meaning of public document. However, where a document forms the records of official acts of sovereign authority, official bodies and tribunals, public officers, legislature, judicial and executive, whether of Nigeria or elsewhere. Public records kept in Nigeria of private documents are also regarded as public documents. Section 102 Evidence Act, 2011; House of Reps V. S.P.D.C.N (2010) 11 NWLR (Pt. 1205) 213 CA; Ukana V. C.O.P (1995) 8 NWLR (Pt. 416) 705 CA

Basically, it means that where a private document is kept in a public place, it becomes a public record of the document and the document though a private document becomes a public document. Take for instance, an affidavit sworn before a Commissioner for Oaths is a public document being the act or record of act of a public officer even when it is about a private person, the deponent who takes away the original. Bob Manuel V. Woji (2010) 8 NWLR (Pt. 1196) 260 CA; Gov. Kwara State V. Lawal (2007) 13 NWLR (Pt. 1051) 347 CA.

No. Where records are kept for the use or for the information of the executive only, such document is not a public document because they are not one made for the use of the public. For a document to fall within the category of public document, same must be one accessible to the public. As such privilege document of the government does not fall within the category of public document as same is not accessible to or made for public use. Lilley V. Pettit (1946) KB 401

As stated before, for a document to be category as public document, that document must not only be accessible to the public for public inspection, it must also have been brought into existence for public purpose. A primary school leaving certificate issued in the name of the bearer is a private document and not a public document. Ukana V. C.O.P (1995) 8 NWLR (Pt. 416) 705 CA.

As stated before, public records kept in Nigeria of private documents are public documents. A petition sent to the Police, becomes part of the record of the police and it consequently becomes a public document. In Aromolaran V. Agoro (2014) 18 NWLR (Pt. 1438) 153, the Supreme Court held that a letter written to a Governor of a state in his official capacity by a private person (not a government official) is a public document because such document is a public record kept in Nigeria of private document. So also private petition sent to the police in their official capacity becomes public document. See Tabik Investment Ltd. V. GTB (2011) All FWLR (Pt. 602) 1592 (at 1607).

No. An accident report of a police officer is not a public document as it is not one which forms the official act of a public officer. An accident report of a public officer is a mere ‘inquiry’. It does not fall within the definition of ‘acts’ as envisaged under the Evidence Act. R v. Taoridi Lawani (1959) L.L.R 97

The best evidence of proof of a public document is by producing the original copy of the said document or by tendering a Certified True Copy (CTC) of the same. Where there is dispute as to the admissibility of a public document, the only categories of public document that are admissible in evidence are either the originals of the document themselves or where the original copy is not available, then a CTC, and no other, would be admissible. Ogboru V. Uduaghan (2011) 2 NWLR (Pt. 1232) 608 (at 574); Dana Impex Ltd. V. Awukam (2006) 3 NWLR (Pt. 968) 541 (at 562).

The best evidence in court is primary evidence. That is, the original of the document sought to be tendered. Where the said original has been tendered, it becomes unnecessary that secondary evidence or a certified true copy be tendered. Kabau V. Rilwanu (2014) 4 NWLR (Pt. 1414) 284 CA.

Once a public document is signed and certified as required by the Evidence Act, it becomes admissible in evidence. A certified true copy of document is in law as good as the original document. ATN V. William (1986) 4 NWLR (Pt. 36) 526; Cardozo V. Daniel (1986) 2 NWLR (Pt. 20) 1.

It is not necessary to call a witness to prove proper custody or the due execution of the said document for the purpose of showing or authenticating same. Such a document can be tendered from the bar by the counsel who produced it or through any witness, no need to call witness to verify the authenticity of the public document. There is also no need to call the public official to tender it. This is because the court presumes such a document to be genuine. Section 146(1)(2) Evidence Act 2011; Aregbesola v. Oyinlola (2009) 14 NWLR (Pt. 1162) 429; Agagu v. Dawodu (1990) 7 NWLR (Pt. 160) 56.

A public document is said to have been certified only after it has been dated and subscribed by the public officer who has the custody of the document. In subscribing to it, the public officer must state his name, his official title and he must stamp it in those regard. A certified true of a public document once produced becomes admissible in evidence. S.G. (Nig) Ltd. v. Galmas Int’l Ltd. (2010) 4 NWLR (Pt. 1184) 361 CA.

No. A public document can be tendered without certification when it is tendered only by the maker or one of the makers of the document. If none of the signatories to it tenders it, it must be certified to be admissible. Uduma v. Arunsi (2012) 7 NWLR (Pt. 1298) 55 CA.

Public document outside Nigeria like other public document in Nigeria may be proved either by producing the original or by producing the certified true copy which however must be under the seal of a notary public or the counsel or the diplomatic agent that the copy is duly certified by the officer having the legal custody of the original and upon proof of the character of the document according to the law of the foreign country. Section 106(i) Evidence Act, 2011.

Yes. Before a certified true copy of a public document is admitted in evidence, such document must show:

• a. That the legal fees have been paid.
• b. That the document is a certified true copy of the original.
• c. That the certification has been subscribed and dated showing the official title of the officer.
• d. When the official is entitled by law to use a sealed, then the document must be sealed.

S.G. (Nig) Ltd. v. Galmas Int’l Ltd. (2010) 4 NWLR (Pt. 1184) 361 CA; Section 104(1) Evidence Act, 2011; Oyeniyi v. Bukoye (2013) All FWLR (Pt. 694) 64 (at 85-87).

No. The fact that an employer is the government does not mean that a letter of appointment issued by the government cannot be tendered or admitted in court unless and except it is certified. The letter of employment addressed to the the individual and private employee is his document, and so a private document. Gov. Ekiti State V. Ojo (2006) 17 NWLR (Pt. 1007) 95 (at 129).

Not everybody who so desires can just decide to certify a public document. Under the Evidence Act, this position is reserved for only the public officer who has custody of the public document. Section 104(1) Evidence Act, 2011; Goodwill and Trust Investment Ltd. v. Umeh (2011) 8 NWLR (Pt. 1250) 500 (at 542).

Where a handwritten copy is made of a typed document and it is certified as true copy of the original, same will be admissible in evidence as if it was the original. There is no law or statutes that forbids this. The important thing is the proper certification which simply means that Public Officer is attesting and confirming that what you have in the certified copy is exactly what you have in the original copy. Odubeko V. Fowler (1993) 3 NWLR (Pt. 308) 637 (at 655).

No. The provision of Section 104(1) Evidence Act, 2011 does not provide any exemption as to payment of the necessary fees by any person who desires to secure a certified true copy of any public document which is in the custody of a public officer. Tabik Investment Ltd. V. GTB Plc. (2011) 17 NWLR (Pt. 1276) 240 (at 258).

A duplicate or carbon copy of a certified true copy of a public document is as good as the original and it is valid and admissible. They do not need to be re-certified before they can be admissible in evidence. Aja V. Odin (2011) 5 NWLR (Pt. 1241) 509 (at 531)

A public document tendered in evidence which is not the original must be certified before it will be admissible in evidence. Where however, same is admitted in evidence, no value will be ascribed to same and the court cannot rely on it when granting judgment. By the provision of the Evidence Act, it is very compulsory for all public documents to be certified before they are admitted in proceeding in a court of competent jurisdiction. Where a copy of a public document is uncertified, the presumption of regularity will not be ascribed to them. The authenticity of their content will be in doubt, they would be divested of their potency and will be of no use in proceedings in court. Onobruchere V. Esegine (1986) 12 NSCC (Pt. 1) 343; Morolo V. Maram (1994) 3 NWLR (Pt. 331) 201; Obeya V. FBN Plc. (2012) All FWLR (Pt. 636) 544 (at 554).

The reasons for authenticating public documents by a designated officials to enable its admissibility are:

• a. To remove the necessity of calling officials to court to testify as to the genuineness of copies made from original documents or records of a public nature.
• b. To preserve those original documents or records from being removed from their proper place of custody through request that they be tendered in court.

Onochie V. Odogwu (2006) 6 NWLR (Pt. 975) 65 (at 89).

The essence of certification of the photocopy of a public document is to prevent mischief makers from making photocopies of a document after tampering with them, thereby giving false impression of accuracy with the original. Gambari V. INEC (2013) All FWLR (Pt. 671) 1519 (at 1539)