Can a Law Report Be Used as Evidence in Court? — Insight from Ijomah v. Molokwu

In legal practice, law reports are commonly used by lawyers and judges to study and reference decided cases. However, an important legal question often arises: Can a law report itself be tendered in court as evidence of a judgment?

The Supreme Court of Nigeria addressed this issue clearly in Ijomah v. Molokwu, establishing an important rule regarding the use of law reports as evidence in court proceedings.

Background of the Issue

Lawyers frequently cite decisions from reputable law reports such as the Nigerian Weekly Law Reports when making legal arguments in court.

While law reports are reliable sources for legal research and judicial reasoning, the question before the court was whether a version of a judgment published in a law report can be relied upon as evidence of that judgment in court proceedings.

The Supreme Court’s Decision

In Ijomah v. Molokwu, the Supreme Court of Nigeria held that:

The version of a judgment contained in a law report is not the original judgment or a certified copy of it.

Because of this, the court ruled that a law report cannot be relied upon as evidence to prove the existence or contents of a judgment in legal proceedings.

Why a Law Report Is Not Admissible as Evidence

The Supreme Court explained that a law report is simply a publication that reproduces judgments for legal reference and academic purposes.

It is not the official record of the court’s judgment.

Under the rules of evidence, judgments of courts are considered public documents. As a result, they must be proved in court in a specific way.

The Correct Way to Prove a Judgment in Court

According to the Supreme Court in Ijomah v. Molokwu, the proper method is to tender:

A Certified True Copy (CTC) of the judgment issued by the court that delivered the judgment.

This means that:

• A law report cannot be tendered as proof of a judgment.
• Even a certified copy of the law report itself is insufficient.
• Only the Certified True Copy (CTC) of the actual court judgment is admissible.

Key Legal Principle Established

The Supreme Court established the following rule:

A law report is not an original judgment and cannot be relied upon as evidence to prove a judgment or the facts contained in it.

Therefore, when a party pleads a judgment in their statement of claim, defence, or other pleadings, the correct procedure is to tender the Certified True Copy of the judgment itself.

Practical Implications for Lawyers and Litigants

This decision has important practical consequences:

1. Law reports are for research and citation, not for proving judgments in court.
2. Lawyers must always obtain the Certified True Copy of the judgment from the court registry.
3. Tendering a law report instead of a CTC may lead to rejection of the evidence by the court.

For litigants and legal practitioners, this reinforces the importance of proper documentary evidence when relying on previous court decisions.

Case Citation

Ijomah v. Molokwu
Court: Supreme Court of Nigeria
Law Report: Nigerian Weekly Law Reports (NWLR), Part 2023