“I think I should set out the provision of section 107 of the evidence Act, 2011 (as amended):

“107. A court may; in any civil proceeding make an order at any stage, of such proceeding directing that specific facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination.

Provided that where 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 unjustifiable delay or expense.”

PER I.T.MUHAMMAD, J.S.C in FEDERAL REPUBLIC OF NIGERIA V ALH. ABUBAKAR MAISHANU & 2 ORS