AFFIDAVIT EVIDENCE AND ITS REQUIREMENT ON ‘FACTS’ RATHER THAN ‘LAW’: A POINT OF ORDER FOR NIGERIAN LAWYERS!
AFFIDAVIT EVIDENCE AND ITS REQUIREMENT ON ‘FACTS’ RATHER THAN ‘LAW’: A POINT OF ORDER FOR NIGERIAN LAWYERS! By: Hameed Ajibola Jimoh Esq. The requirements of an affidavit have been clearly defined by the Evidence Act, 2011-hereina after referred to as the EA. Most specifically, section 115(2) of the EA has restricted what an affidavit should contain especially, to such restriction that an affidavit shall only contain ‘facts’ and nothing more or less than ‘facts’, necessitating the affidavit evidence. From my experiences as a private lawyer and a fulltime litigation lawyer, and having read through over a fifty (50) affidavits of the opposing lawyers in the various proceedings in the courts of law, I am of the firm view that there is indeed the need for some Nigerian lawyers to be abreast of the requirements of an affidavit as an evidence since an affidavit constitutes an evidence in its own self. There is also the need for adequate training professionally, (may be by the Nig...