NIGERIA Law and Practice Contributed by: Tayo Oyetibo LP
dence may still be preferred, subject to the court’s discretion. In criminal proceedings, however oral testimony remains the primary mode of presenting evidence, with witnesses giving evidence-in-chief directly before the court. In both civil and criminal proceedings, witnesses are subject to cross-examination by the opposing party and, where necessary, re-examination. Cross-exami- nation remains a fundamental feature of the adversar - ial system and serves to test the credibility, consist- ency and probative value of the witness’s evidence. 8.5 Expert Evidence Section 68 of the Evidence Act, 2011 provides for the admissibility of expert evidence in Nigeria. The Court can resort to expert evidence when it must form an opinion about a foreign law, custom or customary law, point of science or art or the identity of handwriting or fingerprints. The expert need not have formal train- ing, unless his or her claim to expertise is based on formal training. Otherwise, it is sufficient if he or she has acquired knowledge and skill from exposure to activities or engagement in a particular vocation. It is important to confirm, before presenting the expert witness, that the evidence sought to be tendered is relevant to the fact in issue and admissible under the laws and rules of practice. Relevance is fundamen- tal to the admissibility of evidence, whether oral or documentary. The established principle in our law of evidence is that once a piece of evidence is relevant, it is admissible. 9. Enforcement 9.1 Enforcement of Judgments Foreign judgments may be recognised and enforced in Nigeria through two principal mechanisms: • enforcement at common law; and • statutory registration. Under the common law route, a foreign judgment is enforced by commencing a fresh action in a Nigerian court, seeking to rely on it as creating a debt between
the parties. The claimant must establish that the judg- ment is final and conclusive, was delivered by a court of competent jurisdiction and is not affected by fraud, public policy concerns or a denial of fair hearing. Alternatively, foreign judgments may be enforced by statutory registration under the Foreign Judgments (Reciprocal Enforcement) Act or the Reciprocal Enforcement of Judgments Ordinance. Under these regimes, a qualifying foreign judgment may be regis- tered in a Nigerian court within the prescribed time. Upon registration, the judgment is treated as if it were a judgment of a Nigerian court. Following recognition or registration, enforcement is carried out in accordance with the Sheriffs and Civil Process Act, through mechanisms such as writs of execution, garnishee proceedings or other enforce- ment processes. Accordingly, once properly regis- tered, a foreign judgment assumes the same status and enforceability as a domestic judgment. 9.2 Enforcement of Arbitral Awards The enforcement of arbitral awards in Nigeria, wheth- er domestic or foreign, is governed principally by the Arbitration and Mediation Act 2023 (“AMA”), supple- mented by the Rules of Court. Enforcement of Domestic Arbitral Awards A domestic arbitral award is enforced by applying to a High Court (Federal or State) by way of a Motion on Notice. The application is typically supported by: • an affidavit; • the original arbitral award or a certified true copy; and • the arbitration agreement or a certified copy. Under procedural rules such as Order 28 Rule 3 of the High Court of Lagos State (Civil Procedure) Rules 2019, the application is accompanied by a written address. Once the court is satisfied as to the validity of the award, it may grant leave to enforce it as a judg- ment of the court. In practice, parties are generally expected to comply voluntarily with arbitral awards, given their binding nature.
419 CHAMBERS.COM
Powered by FlippingBook