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My One Penny (5) Photocopy of Exhibit Attached to an Affidavit Need not be Certified by an Adverse Party Before the Court can Attach Probative Value to it.”

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By Oseme Peremene Anthony, Esq

“A document attached to or exhibited with affidavit forms part of the evidence adduced by the deponent and is deemed to be properly before the court and to be used, once the court is satisfied that it is credible. Being already evidence before the court (on oath), the formality of certification for admissibility (if it required certification) had been dispensed with.

Of course, the reason for this is easy to deduce – the first being that affidavit evidence is already an admitted evidence before that court, unlike pleadings which must be converted to evidence at the trial, at which issues of admissibility of an exhibit is decided; the second point is that an exhibited copy of a document attached to affidavit evidence must, necessarily, be a photocopy or secondary copy (except where the document was executed in several parts or counter parts, and the deponent has many of the parts to exhibit in original forms).

It is therefore unthinkable to expect the exhibit copy to be certified by adverse party before the court can attach probative value to it.” – Gov. Kwara State v. Irepodun Block Manu. Co. (2013) 12 WRN Pp. 150-151 lines. 35-10 per Agube, JCA

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