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 held
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.

Kola Dopamu law chambers

5th Floor, 6, Soji Adepegba Close, Off Allen Avenue, Ikeja, Lagos

Telephone-08137999998

Email-info@koladopamulc.com 

practice Area

  • Appeals
  •  Banking and Finance Law
  • Business and coorperate Law
  • intellectual property Law
  •  Real Estate
  • Litigation and Arbitration
  • Employment and Labour
  • Aministrative Law

Company

  • Our Firm
  • Legal Clinic
  • Services
  • News & Events
  • Contact