NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G. Elias
adopt their witness statement on oath. If the claimant wishes to introduce documents as evi- dence, these documents are tendered through the witness at this point. Following this, the defendant’s counsel cross- examines the witness. The aim of cross-exam- ination 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 ambigui- ties or issues that may arise during cross-exam- ination. This process of examination-in-chief, cross- examination and re-examination is repeated for each of the claimant’s witnesses until all of the claimant’s witnesses have been examined. The same procedure is followed in respect of the defendant’s witnesses. When documents are tendered through a wit- ness, the opposing party may raise objections to the admissibility of such documents orally and this would involve oral arguments. The court may decide either to deliver a ruling on such objec- tions right away or to adjourn to another date for ruling after fuller consideration. 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 accompa- nied by an affidavit and written address. For ex parte applications, only the applicant is heard. Once an application has been served on the respondent, it may respond to the application by filing a counter-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 argu- ments, 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 management 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 sched- uling 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 extended. 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 con- ditions. The document must be: (i) pleaded; (ii) relevant to the inquiry being tried by the court; and (iii) admissible. 7.5 Expert Testimony Expert testimony is permitted at trial. Parties may introduce expert testimony if such testimo- ny would be beneficial to their case. The court itself can on its own seek expert testimony or request that the parties provide an expert if it will substantially affect justice not to do so. Howev- er, 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.
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