Order 27 — Affidavits

Upon any motion, petition, summons or other application, evidence may be given by affidavit, but the Judge may on his own motion or on application, order the attendance for cross-examination of the deponent and where, after such an order has been made the person in question does not attend, the person’s affidavit shall not be used as evidence except by special leave.

An affidavit shall bear the title in the proceedings in which it is sworn but in any case in which there is more than one plaintiff or defendant, it shall be sufficient to state the full name of the first plaintiff or defendant respectively and that there are other plaintiffs or defendants, as the case may be.

The Judge may receive any affidavit sworn for the purpose of being used in any proceeding, notwithstanding any defect by misdescription of any party or otherwise in the title or jurat or any other irregularity in the form, and may direct a memorandum to be made on the document that it has been so received.

(1) Where a special time is limited for filing an affidavit, an affidavit filed after that time, shall not be used, unless by leave of the Judge.

(2) An affidavit shall not be filed after the hearing of an application has begun except by leave of the Court.

Except by leave of the Judge, an order made ex parte in Court founded on any affidavit shall not be of any force unless the affidavit on which the application was based was made before the order was applied for, and produced or filed at the time of making the application.

The party intending to use an affidavit previously filed in a proceeding in support of any application by him shall give notice to the other party.

An alteration in any account verified by an affidavit shall be marked with the initials of the commissioner before whom the affidavit is sworn and such alteration shall not be made by erasure.

Any account, extract from a register, particulars of any creditor debt and any other document referred to by affidavit, shall not be annexed to the affidavit or referred to as annexed but shall be referred to as an exhibit.

A certificate on any exhibit referred to in an affidavit signed by the commissioner before whom the affidavit is sworn shall be marked with the short title of the proceedings.

A document purporting to have affixed or impressed on it, or subscribed to it the seal or signature of a Court, Judge, notary public or person having authority to administer oath in any part of the Commonwealth outside Nigeria in testimony of an affidavit being taken before it or such person in that part shall be admitted in evidence without proof of the seal or signature of that Court, Judge, notary public or person.