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http://www.barristerng.com/fct-high-court-gets-new-civil-procedure-rules-2018/

FCT High Court gets new Civil Procedure Rules 2018 Notice OFFICE OF THE HON.CHIEF JUDGE Plot 426 Tigris Crescent, Maitama P.M.B 89, Abuja FCT/JD/CJ/244 14/02/2018 The Chairman, Nigerian Bar Association, FCT Branch-Unity Bar, Maitama, Abuja. The Chairman, Nigerian Bar Association, Bwari Branch, Abuja. The Chairman, Nigerian Bar Association, Gwagwalad...

DOCUMENTARY EVIDENCE- WHETHER ORAL EVIDENCE OF THE CONTENTS OF A DOCUMENT IS ADMISSIBLE IN LAW- SECTION 128(1) OF THE EVIDENCE ACT, 2011

"The law is trite that oral evidence of contents of a document is not admissible under Section 128(1) of the Evidence Act, 2011. This court in Saudatu A. Sani v. Suleiman Aliyu Lere(supra), held that:

"It is not within the competence of any witness to adduce oral evidence of a contents of a document allowing a witness to give oral evidence of the contents of a document offends against the expressed provisions of Section 132 (1) of the Evidence Act, cap 112, Laws of federation of Nigeria 1990"

Section 132 (1) of the old Evidence Act Cap 112, LFN, 1990 is the equivalent to section 128(1) of the current Evidence Act, 2011. This Court in the case of Olaloye & 3 Ors vs. Attorney General of Osun State (supra) further held at pages 69-70 thus:

"Documentary evidence where it is relevant ought to be produced and tendered as they speak for themselves as against the ipse dixit of a witness… in the instant case where the appellants failed to produce the document relied on by them in proof of their case, trial court was right to dismiss their claim"

- PER S. T. HUSAINI, J.C.A IN ALHAJI UMARU GUDUSU V ALHAJI TIJJANI ABUBAKAR

APPEAL NO: CA/YL/99/2016