Introduction:
Documentary evidence simply means any type or class of printed or written material or a carbon paper or any other surface in which it is written, that can be harnessed to admit, support or refute facts in legal suits or proceedings. This class of evidence encapsulates a wide range of documents, including papers, letters, wills, reports, contracts, emails, and digital records, among others. Documentary evidence is vital in the legal system because it provides a solid and tangible record of transactions, communications, and events, offering a reliable basis for verifying the truth of assertions made by parties of a dispute in a legal suit.
What is a document?
According to Joash O. Amupitan, Ph.D, “it is conspicuous to a layman, that a document means a statement recorded on a paper or on a book and nothing more”. Accordingly, Prof Ngozi Alili (a.k.a Grandfather of Evidence) during his Law of Evidence lecture, defined a document as a paper or a carbon paper of which its content can be relied upon if tendered by a party in proper custody as a proof or in support of something and thereafter, if admitted, it would need no further proof.
Furthermore, Darling J in R v Daye, defined a document as any written thing capable of being evidence and it is immaterial on what the writing may be inscribed and that paper has been preceded by parchment, stone, marble, clay and metal. Documentary evidence is a statement contained in a document produced as a means of establishing or proving a fact; see the case of A.G River State v. A.G Bayelsa State; see also Ogologo v. Uche
Although, the above given definitions do not in their forms specifically contain or refer to tape recording or computer printout and other forms of digital or electronic evidence which are becoming more popular medium of communication owing to the breakthrough of information technology in the twentieth century. Accordingly, it is noteworthy that section 84 of Evidence Act 2011 (as amended) had addressed the admissibility of computer generated documents. Hence, the provisions of section 258 (a-d) of the Evidence Act 2011 (as amended) applicable in Nigeria, has purport a document to include:
(a) books, maps, plans, graphs, drawings, photographs, and also includes any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of these means, intended to be used or which may be used for the purpose of recording that matter.
(b) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it.
(c) any film, negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it, and
(d) any device by means of which information, is recorded, stored or retrievable including computer output.
It is trite that documents are permanent record kept to be used in proving the past, present and future. Note that, according to the Tanzanian Evidence Act, a document is defined as any handwriting, typewriting, printing, Photostat, any recording that is reasonably permanent and readable by sight. It can be concluded that documents once pleaded, tendered and admitted in court speak for themselves due to their permanence. Hence, documentary evidence cannot be easily manipulated, see the case of Bank of the North v. Saleh.
According to Black’s law dictionary, documentary evidence is defined as such evidence as is furnished by written instruments, inscriptions, documents of all kinds and also any inanimate objects admissible for the purpose as distinguished from oral evidence or that delivered by human beings.
General Conditions Governing the Admissibility of Documentary Evidence
It is important to take into notice that the admissibility of a document or documents in both civil and criminal cases is one thing, while the weight to be attached to such documents when admitted is another thing. There are generally three main criteria or considerable factors that governs the admissibility of documentary evidence, they are:
1. If the document is pleaded;
2. If the document is relevant; and
3. If the document is admissible in law (i.e. not caught by exclusionary rules). See the case of Okoye v. Obiaso.
The credibility of documentary evidence often hinges on its authenticity and accuracy. Authenticity is established by proving that the document is what it purports to be, which can involve witness testimony, expert analysis, or corroborative evidence. For instance, a signed contract can be authenticated by the signatures of the involved parties, while a digital document might require verification through metadata or expert testimony on electronic records.
Also, one primary importance of documentary evidence is its permanence and capacity to capture details precisely as they were, at a specific point in time. Unlike oral testimony, which can be affected by memory lapses or personal bias, documentary evidence offers a fixed reference that can be independently examined by all parties involved.
Documentary evidence also plays a critical role in both civil and criminal cases. In civil cases, contracts, invoices, and correspondences can establish the terms of agreements and the sequence of events leading up to a dispute. In criminal cases, documents such as emails, financial records, and surveillance footage can provide crucial links in establishing intent, motive, or alibi. The admissibility of documentary evidence in court is governed by rules of evidence, which can vary by jurisdiction. Generally, the evidence must be relevant, material, and not overly prejudicial. Courts also ensure that documents are properly authenticated and that any potential issues of hearsay are addressed.
CONCLUSION:
In summary, documentary evidence is a fundamental component of the legal process, providing a robust and reliable means of proving facts and supporting arguments in judicial proceedings. Its importance lies in its ability to offer clear, objective, and verifiable information that aids in the pursuit of justice.
REFERENCES
1. Evidence Act 2011 (as amended)
2. Joash O. Amupitan PhD, in his book, Documentary Evidence in Nigeria, 2nd Edition.
3. Jide Olakani & Co., in Law of Evidence, Synoptic Guide
4. Prof Ngozi Alili (a.k.a grandfather of Evidence), during his lecture on law of Evidence
5. Blacks Law Dictionary, 6th Edition.
6. R v. Daye (1908)2KB 333 @ 340; A.G. River State v. A.G. Bayelsa State [2013] 3 NWLR (Pt. 1340) 123 at 163H.
7. Ogologo v. Uche [1998] 11 NWLR (Pt. 572) 34.
8. Okoye v. Obiaso (2010) 8 NWLR (Pt. 1195) 145, 171-172;
About the Author
Ibukunoluwa I. Oyebode is an undergraduate law student from PRINCE Abubakar Audu University, Anyigba, Kogi State. He is a legal writer, researcher. He uses his knowledge in law to criticize fanatical and extremist concepts/stereotypes. He is the North Central Regional Director of the Legal Ideas Forum International.