Order 30 — Evidence Generally

(1) This Order shall be subject to the provisions of the Evidence Act or any other enactment relating to evidence.

(2) Any fact required to be proved at the trial of any action, shall be proved by Written Statement on Oath and oral examination of witnesses in open Court.

(3) All documents or other exhibits admitted in the pleadings shall be tendered from the Bar or by the party where he is not represented by a Legal Practitioner.

(4) The oral examination of a witness during his evidence-in-chief, shall be limited to confirming his Written Statement on Oath and tendering in evidence all disputed documents or other exhibits referred to in the Written Statement on Oath.

(5) Where in these Rules, Written Statements on Oath and affidavits are required to be made, if the deponent does not understand English Language such Written Statement on Oath or affidavit shall be made in a language he understands and shall be accompanied by interpretation thereof in English Language.

(6) Real evidence shall be tendered during the trial.

(1) A Judge may before or at the trial of an action, order or direct that evidence of any particular fact be given at the trial in such manner as may be specified by the Order or direction.

(2) The power conferred by sub-rule (1) of this Rule extends in particular to ordering or directing that evidence of any particular fact be given at the trial:
(a) by statement on oath of information or belief;
(b) by the production of documents or entries in books;
(c) by copies of documents or entries in books; or
(d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular area, by the production of a specified newspaper or public document which contains a statement of that fact.

The Court may:
(a) for good cause in compelling circumstances, permit the testimony of a witness without being physically present in the courtroom by contemporaneous transmission from a different location through a video link or by any other such recording processes and technology as the Court may from time to time approve; and
(b) the transcript of such evidence when checked and approved by the Judge shall constitute the official record of the evidence.

A Judge may before or at the trial of an action, order or direct that the number of medical or expert witnesses who may be called at the trial, be limited as specified by the Order or direction.

Unless before or at the trial, a Judge for special reasons otherwise orders or directs, no document, plan, photograph or model shall be receivable in evidence at the trial of an action unless it has been filed along with the pleadings of the parties under these Rules.

Any Order or direction under this Order may, on sufficient cause being shown, be revoked or varied by a subsequent Order or direction of a Judge made or given before or at the trial.

Certified true copies of all Writs, Processes, records, pleadings and documents filed in the Court shall be admissible in evidence in all matters to the same extent as the original would be admissible.

Where an Order is made for the issue of a request to examine a witness or witnesses in any foreign country with which a Convention in that behalf has been or shall be made, the following procedure shall be adopted:
(a) the party obtaining such Order shall file in the Registry an undertaking as in Form 24 which may be varied as may be necessary to meet the circumstances of the particular case in which it is used; or
(b) such undertaking shall be accompanied by:
(i) a request as in Form 25, with such modifications or variations as may be directed in the Order for its issue, together with a translation in the language of the country in which it is to be executed, if not English;
(ii) a copy of the interrogatories, if any, to accompany the request with a translation, if necessary; and
(iii) a copy of the cross-interrogatories, if any, with a translation, if necessary.

Where an Order is made for the examination of a witness or witnesses before the Nigerian Diplomatic Agent in any foreign country with which a Convention in that behalf has been made, the Order shall be as in Form 26. The form may be modified or varied as may be necessary to meet the circumstances of the particular case in which it is used.

The Judge may at any stage of any proceedings order the attendance of any person for the purpose of producing any writings or other documents named in the order: Provided that no person shall be compelled to produce under any such Order any writing or other document which he could not be compelled to produce at the hearing or trial.

Any person required to attend for the purpose of being examined or of producing any document, shall be entitled to payment for expenses and loss of time occasioned by his attendance from the party requiring him to attend, provided that a witness who testifies at the instance of the Court acting suo motu shall be paid out of public revenue.

(1) Where any person duly summoned by subpoena to attend for examination shall refuse to attend or if having attended, he shall refuse to be sworn or to answer any lawful question, he shall be in contempt of Court and may be dealt with accordingly by the Judge.

(2) Any person wilfully disobeying any Order requiring his attendance for the purpose of being examined or producing any document shall be in contempt of Court and may be dealt with accordingly.

Where the examination of any witness before any examiner under Rule 7 of this Order shall have been conducted, the original depositions authenticated by the signature of the examiner, shall be transmitted by him to the Registry of the Court and filed.

Except where otherwise provided by this Order or directed by a Judge, no deposition shall be given in evidence at the hearing or trial of the cause or matter without the consent of the party against whom the same may be offered, unless the Judge is satisfied that the deponent is dead or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the hearing or trial, in any of which case the deposition certified under the hand of the person taking the examination, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.

Any Officer of the Court or other person directed to take the examination of any witness or any person nominated or appointed to take the examination of any witness or person pursuant to the provisions of any Convention now made or which may hereafter be made with any foreign country, may administer oaths.

A party may by subpoena ad testificandum or duces tecum require the attendance of any witness before an officer of the Court or other person appointed to take the examination, for the purpose of using his evidence upon any proceeding in the cause or matter in like manner as such witness would be bound to attend and be examined at the hearing or trial; and any party or witness having made an affidavit to be used in any proceeding in the cause or matter, shall be bound on being so subpoenaed to attend before such Officer or person for cross-examination.

The practice with reference to the examination, cross-examination and reexamination of witnesses at a trial shall extend and be applicable to evidence taken in any cause or matter at any stage.

The practice of the Court with respect to evidence at a trial, when applied to evidence to be taken before an officer of the Court or other person in any cause or matter after the hearing or trial, shall be subject to any special directions which may be given by the Judge in any case.

Subject to the provisions of the Evidence Act, all evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter.

(1) Where it is intended to issue out a subpoena, a praecipe for that purpose as in Form 27 containing the name or firm and the place of business or residence of the Legal Practitioner intending to issue out the same, and where such Legal Practitioner is an agent only, then also the name or firm and place of business or residence of the principal Legal Practitioner, shall in all cases be delivered and filed at the Registry.

(2) No subpoena shall be issued unless all Court fees have been paid (including fee for service) and unless sufficient conduct money on the prescribed scale is deposited to cover the first day’s attendance.

A subpoena shall be in one of Forms 28, 29, or 30 with such variations as the circumstances may require.

In the interval between the issue and service of any subpoena, the Legal Practitioner issuing it may correct any error in the names of parties or witnesses and may have the Writ resealed upon leaving a corrected praecipe of the subpoena marked with the words “altered and resealed”, with the signature, name and address of the Legal Practitioner.

A subpoena shall be served personally unless substituted service has been ordered by a Judge in a case where a person persistently evades service. The provisions for the service of documents and processes in these Rules shall so far as possible, apply to service and proof of service of a subpoena.

A subpoena shall remain in force from the date of issue until the trial of the action or matter in which it is issued.

Any person who would under the circumstances alleged by him to exist, become entitled, upon the happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any property (real or personal), the right or claim to which cannot be brought to trial by him before the happening of such event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.

A witness shall not be examined to perpetuate his testimony unless an action has been commenced for that purpose.

No action to perpetuate the testimony of a witness shall be set down for trial.