In Ojonye v Onu and others, the court held thus:
Indeed, while it is the law that a Court is entitled to look at the documents in its file which are not tendered as exhibits, it has no power to take and rely on facts disclosed in a supporting affidavit to a motion which is abandoned…In the instant case, the Exhibits C, D and E referred to by the Appellant were attached to the further affidavit sought to be brought in via the motion which was struck out on account of the fact that it was filed by a strange Counsel to the proceedings. That being the case, it does not fall within the class of documents in the Court file which a Court is at liberty to look at, same not being strictly before the Court. Instead, it is in the same category as an abandoned motion which a Court cannot pry into. Thus, Exhibits C, D and E attached to the motion struck out could not have been used by the trial Court in arriving at its decision.[1]
[1] (2018) LPELR-44212(CA) 36-37 parasC–E.