The Central Bank of Nigeria (CBN) routinely issues guidelines and circulars which are usually posted to its
website: cenbank.org. Which officer of
the CBN is by the ordinary course of official duty, authorized to deliver
copies of documents posted on the CBN website? In whose "proper
custody" are documents (i.e. guidelines and circulars issued by CBN) posted
on CBN's website? Is it a particular CBN department or head/director of a
department from which the document originated from? Since the documents are posted
on the CBN’s website can’t they be deemed to be from proper custody if they are
delivered by any officer of a CBN branch office other than the headquarters in
Abuja?
In
KEYSTONE BANK LIMITED v. A. O. S. PRACTICE (2013) LPELR-20357(CA) the Court of
Appeal per Ibrahim Mohammed Musa Saulawa (JCA) held thus:
“Regarding
certification of public document, section 104 of the Evidence Act is very much
instructive. And by virtue of the said section 104:-
(1)
Every public officer having the custody of a public document which any person
has a right to inspect shall give that person on demand a copy of it on payment
of the legal fees thereof, together with a certificate written at the foot of
such copy that it is a true copy of such document or pact thereof, as the case
may be, and such certificate shall be dated and subscribed by such officer with
his name and his official title, and shall be sealed, whenever such officer is
authorized by law to make use of a seal, and such copies so certified shall be
called certified copies.
(2)
Any officer who, by the ordinary course of official duty, is authorized to
deliver such copies shall be deemed to have custody of such documents within
the meaning of this section. The term 'proper custody', as couched in section
104 of the Evidence Act, denotes the custody of any official who in the ordinary
course of the official duties or functions thereof is authorized to deliver certified
copies of the public document to any member of the public. Thus, the legal
appointment of the official certifying the copy of the public document is
needless or immaterial. It's sufficient to merely show that the official is
defecto the custodian of the document. See R. VS. PARSONS (1866) L.R.I. CCR 24;
10 COX 243.””
Mr.
A, in Bama, Borno State, intending to rely on such documents in legal
proceedings approaches CBN branch office in Maiduguri for certification but he
is referred to CBN headquarters in Abuja. Why should Mr. A apply to Abuja for
certification? Can't an officer of CBN in the CBN's branch in Borno State or any
neighbouring state for that matter be able to download the documents posted on
CBN's website and certify same for Mr. A?
I
think that the purpose of certification is to verify that the documents
intended to be relied upon by a party is genuine and same as the original in the
custody of the officer. If so the CBN branch should be able to download the
documents and verify from the particular department which originated or made
the documents that what is on the website is what was actually issued by the
said department and then certify accordingly. The bureaucratic delays of either
going to Abuja to apply or sending in an application and asking someone to help
follow up the application in Abuja constitute a clog in the quick dispensation
of justice.
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