A Revisit to the Question of Proper Custody of Documents
No Thumbnail Available
Date
2018-08-12
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
College of Law, Novena University, Ogume
Abstract
One forensic battle amongst counsels is objection against admissibility of documentary evidence on the ground that it did not emanate from “proper custody”. A related objection is that the witness through whom a document is sought to be tendered was not its maker. This paper, therefore, revisits the question of the relevance of proper custody of documents in Nigeria’s evidence law. The study involves an in depth content analysis of statutes, case laws, texts and journal articles. Findings of the study are that how and from where a document is obtained may not affect admissibility or credence to be attached thereto. It is concluded that in so far as a document is relevant and does not offend the rule against hearsay, th requirement as to proper custody or that the maker of the documents be invited to testify to the correctness of its contents is dispensible.
Description
Keywords
Proper Custody, Documentary Evidence, Relevancy, Admissibility, Weight of Evidence