The Admissibility of Original Copies of Public Documents - State of the Law

Evidence is the cornerstone of litigation, because, facts are the fountain of law, legal principles or rules are not applied in vacauo. In other words, without facts which are deduced from evidence presented, no decision can be reached by a court of law. Documentary evidence is a fundamental type of evidence and it is the best form of evidence to prove a party’s case before a court of law. In Nigeria, documents are statutorily classified as either private or public. While the best evidence rule dictates that the original copy of a document is superior in proving its contents, the position of the law has been unsettled as to whether primary evidence of public documents are admissible. It is this controversy that this article discusses...