LEGAL PRINCIPLE: EVIDENCE LAW — Affidavit Evidence — Legal Arguments and Conclusions Inadmissible in Affidavits
PRINCIPLE STATEMENT
An affidavit shall not contain extraneous matter by way of objection, prayer, legal argument, or conclusion. Depositions raising legal arguments or conclusions offend section 87 of the Evidence Act and should be struck out.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Adamawa State & Ors v. A.G., Federation & Ors (2005) NLC-1442004(SC) at pp. 18–19; Paras C–A.
"An affidavit shall not contain extraneous matter, by way of objection, or prayer, or legal argument or conclusion. … the depositions in the paragraphs of the affidavit in question have raised legal argument and/or conclusions contrary to the provisions of the Evidence Act. … It is true that the averments in paragraphs 9, 10 and 11 of the affidavit offend section 87 of the Evidence Act and should be struck out."
EXPLANATION / SCOPE
Affidavits must contain facts, not legal arguments, conclusions, objections, or prayers. Paragraphs containing such extraneous matter are struck out. The principle applies to evidence law and civil procedure. The rule preserves the court’s role to draw legal conclusions from facts. The deponent cannot argue the case in the affidavit. Legal submissions belong in briefs, not affidavits.
