NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
However, cross-examinations and re-examinations are done orally. Trials begin with the examination-in-chief of the claim- ant’s first witness. During this stage, the witness adopts their witness statement on oath. If the claim- ant wishes to introduce documents as evidence, these documents are tendered through the witness at this point. Following this, the defendant’s counsel cross-exam- ines the witness. The aim of cross-examination is typically to challenge the credibility of the witness and to advance the defendant’s case. After cross- examination, the claimant may re-examine the witness to address any ambiguities or issues that may have arisen during cross-examination. This process of examination-in-chief, cross-examina- tion and re-examination is repeated for each of the claimant’s witnesses until all of the claimant’s wit- nesses have been examined. The process of cross- examination and re-examination is optional. The same procedure is followed in respect of the defendant’s witnesses. When documents are tendered through a witness, the opposing party may orally raise objections to the admissibility of such documents and this would involve oral arguments. The court may decide either to deliver a ruling on such objections right away or to adjourn to another date for ruling after fuller consid- eration. Expert evidence may also be given orally or through documents. 7.2 Case Management Hearings Interim motions or applications are always in writing and may be made either ex parte or on notice. These applications are to be accompanied by an affidavit and written address. For ex parte applications, only the applicant is heard. Once an application has been served on the respond- ent, it may respond to the application by filing a coun- ter-affidavit and written address. The applicant may also file a further affidavit and reply on points of law to address new issues.
At the hearing, the parties adopt the processes filed by them and may be allowed to adumbrate on the processes. However, in making oral arguments, the parties are not allowed to go outside the processes filed. After hearing the parties, the court will determine the application. The procedure for case management hearings differs in various states in Nigeria. In Lagos, the case man- agement conference (CMC) begins 14 days after the close of pleadings. Within the prescribed period of the CMC, the parties are required to file the issues in dispute, which will be narrowed down to the points of dispute at the CMC. The court will also draw up a scheduling order to include the joinder of the other parties, amendment of pleadings and filing of motions. The CMC is to be completed within three months of commencement, although the period may be extend- ed. 7.3 Jury Trials in Civil Cases Jury trials are not available in Nigeria. 7.4 Rules That Govern Admission of Evidence For a court to receive a document in evidence, it must fulfil three important and conjunctive conditions. The document must be: • pleaded; • relevant to the case being tried by the court; and • admissible. 7.5 Expert Testimony Expert testimony is permitted at trial. Parties may introduce expert testimony if such testimony would be beneficial to their case. The court itself can also seek expert testimony or request that the parties pro- vide an expert if it will substantially affect justice not to do so. However, the court is not bound to accept the evidence of an expert. The evidence of an expert may be given orally or through a document. 7.6 Extent to Which Hearings Are Open to the Public As stated previously, the court or tribunal proceedings are open to the public with a few exceptions. The tran- scripts of hearings are regarded as public documents,
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