AFFIDAVIT EVIDENCE – WHETHER THE ATTENDANCE OF A DEPONENT FOR CROSS EXAMINATION IS MANDATORY IN A TRIAL COMMENCED BY AFFIDAVIT EVIDENCE
“Usually, hearing is on affidavit in support and the counter affidavit by the respondent. There are exceptional situations where the motion may be set down and heard with witnesses or with leave, supplement the affidavit evidence beyond testimony. See: Akunnia v. A-G Anambra State & Ors (1977) 5 SC 161. Likewise in resolving contradictory evidence oral evidence may be allowed to resolve the trial by affidavit may be done with or without the attendance of the deponent for cross-examination. It however, made a proviso, in the event a party desires the attendance of such deponent for cross-examination, the court SHALL require his attendance for the purpose WHERE this would not result in UNJUSTIFABLE DELAY or EXPENSE”.
PER I.T.MUHAMMAD, J.S.C in FEDERAL REPUBLIC OF NIGERIA V ALH. ABUBAKAR MAISHANU & 2 ORS (2019) LPELR 46380 (SC) / LER SC.51/2015/ SC.51/2015