WHETHER PUBLIC DOCUMENT ATTACHED TO AN AFFIDAVIT NEED BE CERTIFIED?

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WHETHER PUBLIC DOCUMENT ATTACHED TO AN AFFIDAVIT NEED BE CERTIFIED?

by Branham Chima. 


✓ DEFINITION(S):
Public documents: are official records that are maintained by government agencies or public institutions. These documents are created, issued, or kept by a public officer in the course of their official duties. Examples of public documents can include birth certificates, marriage certificates, government reports, court records, and official publications.

Affidavit: is a written statement or declaration made voluntarily by an individual, known as the deponent, who swears or affirms that the information provided is true to the best of their knowledge and belief. Affidavits are commonly used as evidence in legal proceedings and can be used to present facts, provide testimony, or support a claim.

Certification: refers to the process of verifying or confirming the authenticity, accuracy, or compliance of a document or item. It involves a designated authority or individual attesting that the document or item meets specific requirements or standards. Certification can provide assurance that a document is genuine, accurate, or legally valid. Documents are usually certified by the custodian of the original copy. 


✓ ANSWER:
In legal proceedings where matters are presented through affidavit evidence, or when a document is attached to an affidavit, it is important to understand that any document attached to the affidavit becomes part of the evidence before the Court. However, it is worth noting that an exhibited copy of a document attached to an affidavit is typically a photocopy or secondary copy, unless the document was executed in multiple parts and the deponent has the original parts to exhibit. Therefore, it is not necessary to produce and attach the primary or original copy to all copies of the affidavit. Additionally, if the document is a public document, the requirement for certification can be waived, provided that the document is credible and its contents are not in dispute or challenged. This emphasises the practicality and efficiency in accepting public documents attached to affidavits without the need for additional certification.

In Gusau v. Lawal & Ors. (2023) LPELR-60152(SC), ‘When a matter is fought on affidavit evidence or where a document is attached to an affidavit in a matter, any document attached thereto forms part of that affidavit and is therefore already in evidence before the Court. It should be borne in mind that an exhibited copy of a document attached to an affidavit must necessarily be a photocopy or secondary copy, except where the document was executed in several parts or counterparts and the deponent has many of the parts to exhibit in original forms. Hence, it is not expected that the primary or original copy should be produced and attached to all the copies of the affidavit. Where the document is a public document, the requirement of certification can be dispensed with as long as the document is credible and the contents are not in dispute or challenged. See AONDOAKAA V. OBOT & ANOR (2021) LPELR - 56605 (SC); EZECHUKWU & ANOR V. ONWUKA (2016) LPELR - 26055 (SC); MAGNUSSON V. KOIKI (1993) 12 SCNJ 114." Per ADAMU JAURO, JSC (Pp 21 - 22 Paras C - B)’.


✓ KEY POINTS:
1. When a matter is based on affidavit evidence or when a document is attached to an affidavit, any document attached to the affidavit becomes part of the evidence before the Court.

2. An exhibited copy of a document attached to an affidavit is typically a photocopy or secondary copy, unless the document was executed in multiple parts and the deponent has the original parts to exhibit.

3. It is not necessary to produce and attach the primary or original copy of a document to all copies of the affidavit.

4. In the case of public documents, the requirement for certification can be waived as long as the document is credible and its contents are not in dispute or challenged. 

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