PROPER CUSTODY AND DOCUMENTS POSTED ON THE CBN WEBSITE

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.