A gazette is an official communication of the government of Nigeria or any State or of any Local Government. The production of an official gazette before the court constitute a prima facie proof stated in it and of any fact of a public nature which they are intended to cover. Sections 54, 106(a)(i) and 148 Evidence Act, 2011
A court which has before it a public document like a gazette must take account of and admit the document in evidence by mere production of the gazette followed by its formal tendering not necessarily through a witness on oath. Section 106()a(i) Evidence Act, 2011.
No. The court can only act on evidence produced before it. The court cannot act on a gazette not produced before it neither will the court ascribe any presumption of genuineness to the document not before it. Ogbuanyinya V. Okudo (No.2) (1990)4 NWLR (Pt. 146) 551; Okeke V. Obidife (1965) 1 All NLR 50; NEC v. Wodi (1989) 2 NWLR (Pt. 104) 444.
No. Notice of appointment given or published in the official gazette is not conclusive proof that the appointment has been made on the effective date given in the notice. This is because a notification of appointment and other communications of the Federal Government of Nigeria in the official gazette is merely a fact presumed to be true unless disproved by some evidence to the contrary. Our line Ltd. V. S.C.C (Nig) Ltd. (2009) 17 NWLR (Pt. 1170) 382.
No. Generally, where a party refuses or fails to tender in evidence document in his possession which by the course of the proceeding he is supposed to tender, the presumption of withholding evidence may be invoked against him. This presumption however cannot be invoked on the basis of evidence that was never in possession of the party. AG Adamawa State V. Ware (2006) 4 NWLR (Pt. 970) 399; Texaco Nig. Plc. V. Kehinde (2001) 6 NWLR (Pt. 708) 224.
Failure or default to reply can be presumed that there are no objections to the proposal contained therein. In fact, it is incumbent on a recipient of a business letter to reply same. Coop Dev. Bank Plc. V. Ekanem (2009) 16 NWLR (Pt. 1168) 585 CA; CAP Plc. V. Vital Investments (2006) 6 NWLR (Pt. 976) 220.
No, a Power of Attorney relating to land is obviously an instrument affecting land. As such, same must be registered in accordance with the land registration statutes applicable in the state where it is to be executed. Vulcan Gases Ltd. V. G.T. IND. AG (2001) 9 NWLR (Pt. 719) 610; Ossai V. Nwajide (1975) 4 SC 207.
Stamping usually precedes registration. A Power of Attorney not stamped cannot be registered and thus may not be admissible. An unstamped Power of Attorney may not be received in evidence. It may be ordered to be stamped after execution, stamp duty and penalties are paid, after which it can be admitted and relied upon. See Rouledge V. McKay (1954) 1 All ER 855;Vulcan Gases Ltd. V. G.T. IND. AG (2001) 9 NWLR (Pt. 719) 610.
Yes, the Supreme Court in Fawehinmi V. NBA (No.2) (1989) 2 NWLR (Pt. 105) 558 extended the concept of privileged communication to cover minute of meetings involving the parties. Where the meeting was held to settle dispute out of court. As such, record of minute of meetings held for the purpose of settling dispute will not be admissible in evidence where such settlement fails.