CIVIL PROCEDURE — Motion — Affidavit — A Motion Without a Supporting Affidavit Is Bare and Without Support
Ratio Decidendi
Per Fabiyi, JSC, in Opobiyi & Anor v. Muniru (2011) NLC-123-30-2005(SC) at p. 12; Paras B—C:
"It is apt that every motion must be supported by an affidavit and failure to file such an affidavit renders same bare and without support. Any decision arrived at, in such a circumstance, would have been rendered in vaccuo leading to the inescapable end result of arriving at abstract justice."
Explanation / Scope
This principle establishes that every motion must be supported by an affidavit, and failure to file one renders the motion bare and without support. The principle applies where motions are filed. It ensures that motions are supported by evidence. The principle reflects the requirement for affidavit support. It prevents decisions without factual basis. The court must require an affidavit. The principle provides guidance on motions and affidavits.