I. Introduction
Tendering of evidence during trial is an essential part of the legal process. In Nigeria, documents can be tendered through a witness in evidence-in-chief or cross-examination. However, the procedure for tendering documents through a witness must be followed to ensure that the documents are admissible in court. In this article, we’ll explore the different mode of tendering documents in Nigerian Court during trial and the steps required to ensure admissibility of the documents through a witness.
See Also: VALIDITY OF CONTRACT – Essential Elements of a Valid Contract
Mode of Tendering Documents in Nigerian Court During Trial
There are different categories of Documents that can be tendered in the Court in Nigeria. Let us briefly discuss them and how they can be tendered.
Undisputed Documents
Undisputed documents can be tendered from the bar after an agreement by the counsel in the matter. This means that if both parties agree on the authenticity and relevance of a document, it can be presented to the court without calling a witness.
Disputed Documents
On the other hand, disputed documents are to be tendered through a witness. In such cases, the witness is expected to identify and authenticate the document before it can be admitted into evidence. This procedure ensures that only relevant and admissible evidence is presented before the court.
Procedure for Tendering Original Documents through a Witness
The procedure for tendering documents through a witness begins after the witness is sworn on oath and has adopted their witness statement on oath. If the document is an original, the counsel will proceed to ask the witness the following questions:
- In your written statement on Oath, you made reference to (state the particular document) document in paragraph (state the paragraph of the written statement on Oath where the document was referred to)
- Do you have it in court?
- If you see the document, can you recognize/identify it?
- How will you identify the document?
The counsel will then seek the leave of court to show the document to the witness for identification. If the witness recognizes and identifies the document, the counsel will seek the leave of court to tender the document in evidence and for the court to mark it as an exhibit.
Note that the other counsel may decide to object to the admissibility of the document.
Procedure for Tendering Photocopies and CTCs Documents through a Witness
If the document is a photocopy (for private documents) or CTC (for public documents), the counsel will ask the following questions:
- In your written statement on Oath, you made reference to (state the particular document) document in paragraph (state the paragraph of the written statement on Oath where the document was referred to)
- Do you have the original in court? (The witness will answer No)
- Where is the original? (The witness tells the Court what happen to the Original)
- Which copy do you have? (The witness informs the Court if he has a CTC or Photocopy)
- If you have the photocopy/CTC of the document, can you recognize/identify it?
- How will you identify the document?
The counsel will then seek the leave of court to show the photocopy/CTC to the witness for identification. If the witness recognizes and identifies the photocopy/CTC, the counsel will seek the leave of court to tender the photocopy/CTC in evidence and for the court to mark it as an exhibit.
See Also: Meaning of Subject to Contract in Nigeria | Effect of the use of the phrase
Conclusion on Mode of Tendering Documents in Nigerian Court
In conclusion, the mode of tendering documents through a witness in a Nigerian court is a crucial aspect of the legal process. The procedure ensures that only relevant and admissible evidence is presented before the court, thereby ensuring a fair trial. It is essential that lawyers follow the proper procedure for tendering documents through a witness to avoid objections and ensure that the evidence is admitted in court. By following the guidelines outlined in this article, lawyers can ensure that the process of tendering evidence through a witness is smooth and effective.
You may wish to also read further on Tendering of documents in examination of witnesses
