Whether or not a Court would permit a public document not certified to be used as an Exhibit in a motion or application, would depend on the purpose sought to be achieved in exposing to the Court the exhibit annexed to the affidavit.
When the Exhibit concerned is the primary evidence by which it is sought to prove the truth of a particular deposition in an affidavit, the documentary Exhibit must satisfy the requirements of section 97 of the Evidence Act.
Where, on the other hand, the truth or otherwise of the particular deposition depends on what view the Court forms of the deposition independently of the documentary exhibit filed in support of it, the documentary exhibit which does not comply with section 97 of the Evidence Act becomes irrelevant and the Court need not express any opinion concerning it, since the Court is able to form an opinion of the fact in issue without placing any reliance on the documentary exhibit concerned.
Further, in the Supreme Court case of Adejumo vs. Governor of Lagos State (1970) ALL NLR page 187 referred to in
Daggash vs. Bulama (2004) 14 NWLR Part 892 page 144, the Supreme Court held that it is improper to object to a paragraph of an affidavit or a document exhibited in an
affidavit before the substantive action is heard or before it is known to what use the document would be put to.
Objection should be taken when all the facts are put before the Court and not at a preliminary stage. The essence of Exhibit A in the instant appeal was to establish that a search warrant was obtained from the Court of law before the
Respondents stormed the house of the Appellants. However, it must be noted that certification or non-certification of Exhibit A can never detract from the fact that the Appellants were being suspected of having committed the offence of being in possession of fake Naira Notes and selling the same which then placed some restrictions on their personal liberties."
Per ORJI-ABADUA, J.C.A. in MALLAM ABDULLAHI HASSAN & ORS v. ECONOMIC AND FINANCIAL CRIMES COMMISSION & ORS
(2013) LPELR 22595 (CA)
