NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
liability. An application for joinder is made by filing a motion on notice accompanied by an affidavit and a written address. 4.5 Applications for Security for Defendant’s Costs Generally, giving security for costs is prohibited under Nigerian law. However, a party may be required to pro- vide security for costs in certain exceptional circum- stances. This can arise in election petition matters, during the prosecution of appeals, and in interim and interlocutory applications for injunctions. 4.6 Costs of Interim Applications/Motions Costs may be awarded after the determination of applications by the court, subject to the discretion of the court. The court may award costs in favour of a successful party to compensate the party for the out-of-pocket expenses incurred and time lost. These awards are usually not substantial. Applications for costs may be made: (i) in the applica- tion being heard by the court or in the respondent’s response to the application; and/or (ii) orally, after the court’s determination of the application. The award of costs is entirely at the discretion of the court and may be made without an application by the parties. 4.7 Application/Motion Timeframe There is no timeframe for the hearing of applications. The timing for hearing of applications depends on the nature of the application and the state of congestion or otherwise of the courts’ dockets. Applications of an urgent nature are usually heard and determined expe- ditiously. After hearing an application, the court may either deliver a bench ruling on the day the application is heard or adjourn for ruling to a date not exceeding three months from the date the application is heard. Where the respondent to an application decides not to oppose the application, the courts may hear and determine such an application expeditiously, even within a day of filing. Interim applications for injunctions are usually heard and determined by the court within seven days from the date of filing the application. Further, a party may request by way of letter and/or affidavit of real urgency
that an application be dealt with expeditiously by the court.
5. Discovery 5.1 Discovery and Civil Cases
Under Lagos and Federal Capital Territory Court Rules, discovery may be of facts (otherwise called interrog- atories) and/or documents (inspection) and they are both available to any party to civil proceedings. Inter- rogatories may include questions on facts directly in dispute. Scandalous and irrelevant questions are not permissible in interrogatories. The delivery of docu- ments is made further to a written request to a party to deliver documents in their possession. Requests for discovery must be served within seven days after the exchange of pleadings, and responded/objected to within seven days. Discovery is administered by the litigants with an element of supervision from the court. 5.2 Discovery and Third Parties Under the rules of the courts in Nigeria, it is possible to obtain discovery from a third party by way of a sub- poena. A third party may be compelled by way of sub- poena to give oral or tender documentary evidence in court. To apply for a subpoena, a party must deliver and file the relevant praecipe forms provided by the rules, along with the subpoena, to the court registry. No subpoena will be issued unless all the court fees have been paid. Once the service of the subpoena has been effected, the third party must attend court. Failure to do so amounts to contempt of court. 5.3 Discovery in This Jurisdiction The approach to discovery differs from state to state in Nigeria. In Lagos, a party seeking discovery of doc- uments must do so within seven days of the close of pleadings, and the party from whom discovery is sought must produce the requested documents within seven days of the request being made or at such other time as the judge may permit. Parties are generally required to obtain discovery relevant to the issues in dispute, and the parties on whom such requests for disclosure are served are required to make the neces- sary disclosure. The exceptions to disclosure include the following:
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