ELEGBE V. BABALOLA

• Pages: 268-272

268

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NIGERIAN SUPREME COURT CASES [1968] N.S.C.C.

introduced; if he did, the Tribunal should have rejected the application. The rec-

ord before us shows that it was the Tribunal itself which sought to bring up the evi-

dence. This was after the lapse of so many weeks when it was considering its

judgment. We think possibly being troubled about the guilt of the appellant the

Tribunal stumbled on the fact that the book (exhibit 23) would clear up the point

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5

which was troubling the members.

There can be no doubt about the general rule that in a case in which the guilt

of a man is in issue and judgment is being considered it is too late to allow further

evidence to be given. If this were allowed it is difficult to see what limitation could

be put on it. The present is not a case where the Tribunal had no counsel to pre-

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10

pare and present its case; it has its own counsel who acted for it from the start and

on whom laid the duty of presenting the case.

It is true that the matter before us is not a criminal case, we hold the view that

this is the only safe practice to be followed in matters in which a Tribunal has to

determine the guilt of a professional man the future of whose career depends upon

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15

the verdict of the Tribunal.

It will be ide to pretend in this matter that the Tribunal did not make use of the

evidence (exhibit 23) it later received by re-opening the proceedings. The reliance

placed on the exhibit and the absence of non-performance of E.U.A. by the ap-

pellant abound in the judgment of the Tribunal. We cannot shut our eyes to this

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20

fact.

For the above reasons we are unable to support the decision of the Tribunal

and it must be set aside. The order or direction striking the name of the appellant

of the Medical Register is hereby quashed and set aside.

Appeal allowed: Order striking

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name of appellant off Medical

Register quashed and set aside.

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ELEGBE V. BABALOLA

BANDELE ELEGBE

V

JACOB BABALOLA

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

MADARI KAN,

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J.S.C.

22nd November, 1968.

APPELLANT

RESPONDENT

SUIT NO. SC 290/1966

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40

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Practice and Procedure - Action - Documents - Whether admissible in evidence

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45

- Whether instruments under Land Instruments Law Western Nigeria, ss.2,16.

ISSUE:

1. Whether S.16 of the Land Instrument Law (W.N.) will operate to render a

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document inadmissible in evidence where the document is not an instrument

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50

within the meaning of S.2 of the Law.