Legal Clinic

Medical Report Need not be from a Government Hospital

Over the years it has been the practice that courts would only accept medical report issued by a government hospital in explaining the key legal issue before the court. But with this case, it has been established that medical reports issued and signed by a private medical doctor in a private clinic is acceptable.

OVWIGHRE vs. STATE (2018) LPELR-44862(CA)

EVIDENCE – MEDICAL EVIDENCE: Whether a medical report must be issued from a government hospital to be admitted in evidence.

PRINCIPLE- “The medical report, Exhibit “B” corroborated the fact that PW1 was violated.

In my view, the learned trial Judge was right in law when he held that the PW1 suffered sexual assault. And Exhibit “B” the medical report tendered in this case showed that on examination of PW1, laceration and bruises of the hymen was noticed on her. The Learned Counsel for the Appellant is not contesting the fact that Exhibit “B” corroborated the testimony of PW1 that she was raped however he is not happy that the medical report relied upon by the Prosecution came from a private Medical Doctor in a private clinic instead of a government hospital.

In my view, as long as the medical report is from a qualified Medical Doctor, whether it is from a private hospital or government hospital is a non-issue. The learned trial Judge was therefore right when he hel that the medical report Exhibit “B” corroborated the evidence of PW1. See the following cases:-

AFOR LUCKY V. STATE (Supra); ADONIKE V. STATE (Supra).”Per BADA, J.C.A. (Pp. 14-15, Paras.E -D

Kola Peters DOPAMU Esq.

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