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*

*Tel: 234-1-8137-999-998*

*www.koladopamulc.com <http://www.koladopamulc.com>*

Leave a comment

visit office:

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

write an e-mail:

info@koladopamulc.com

make a call:

(234) 802 318 0657
subscribe to our news
Always Get Our Latest News & Events Newsletter!