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Monday 8 November 2021

HOW TO FILE A CASE IN COURT IN NIGERIA FROM ABROAD OR OVERSEAS

This edition of the Legal Illumination of Akintunde Esan is focused on people living abroad, who are eager or need to file cases in the Court in Nigeria to sort out issues relating to their business interests, investments, properties and marriages in Nigeria, but for one reason or the other they cannot come to Nigeria. Some of these reasons could be personal, medical, financial, work related, legal issues, visa issues, security, etc.

Though a Claimant/Applicant/Petitioner or Defendant/Respondent living abroad can give Power of Attorney to another person to as his or her Attorney[1] to stand in for him or her and play the parts that are required to be played by the Claimant/Applicant/Petitioner or Defendant/Respondent in a case. It should be noted that, there are vital evidence which would be given by such an Attorney that, if not given directly by a Claimant or a Respondent in person would amount to hearsay[2] evidence which may not be admissible in evidence under the Nigerian Law of Evidence.

Thus, there are a lot of Nigerians and non-Nigerians living abroad who want to seek for justice in the Court in Nigeria but are constrained by requirement that they have to be present in the Court to give evidence in person as any evidence given on their behalf by another may amount to hearsay evidence. This has led to loss of investments, properties, opportunities to get justice and inability to legally divorce a spouse of a dead marriage.

In our world of today where any enterprise that is not digitally driven is outdated, the Nigeria justice system which cannot afford to lag behind in the provision of digital justice delivery has made provision for the hearing of cases in Court by virtual hearing which affords a party or a witness living outside Nigeria to give evidence personally without coming to Nigeria.

Thus, if you are considering filing a case in Court in Nigeria or a case has been filed against you in which you as party or as a vital witness is living outside Nigeria you may not have to travel down to Nigeria to be physically present in Court to give evidence. Parties and witnesses can now join the proceedings from the comfort of their homes in the Country they are residing via virtual hearing or virtual Court proceedings. 

In order file a law suit in Nigeria from abroad you need a Lawyer who has been licensed to practice law in Nigeria or called to the Nigerian Bar as a Barrister and Solicitor of the Supreme Court of Nigeria to prepare or at least authenticate your originating Court processes. 

Depending on the type of your originating processes, you would be required to swear to an Affidavit or Witness Statement on Oath before a Commissioner for Oaths in the Court where the originating processes are filed or to be filed. 

Our Law Firm has overcome this challenge for our Client living abroad by filing originating Court processes in Nigeria for a lot of our Clients living outside Nigeria relying on the provision of the law which allows for swearing of Affidavit and Witness Statement on Oath outside Nigeria. 

In the Lagos State High Court after the filing of originating processes and your case is ripe for trial, an application for virtual hearing has to be made by your Counsel in Court to the presiding Judge of your case for approval for the matter to be heard virtually. Upon the grant of the application, the evidence of the granting of the application will be requested at the E-Filing Center of the Court for the registration for virtual hearing to enable the IT unit set up the necessary logistics.

If you a Nigerian or a non-Nigerian living abroad and you need further legal illumination on how you can file a case in Court in Nigeria or how you can file your defence in a case filed against you, you can contact the writer: Akintunde Esan known as “The Legal Adviser Online”. The Managing Partner of Ase Olodumare Chambers, a digital Law Firm though based in Lagos handles cases for clients across  Nigeria.


[1] The use of the word “Attorney” here does not mean a Lawyer but a person appointed via a Power of Attorney to act on behalf of another in a transaction or in a matter.

[2] 37. Hearsay means a statement — (a) oral or written made otherwise than by a witness in a proceeding; or (b) contained or recorded in a book, document or any record whatever, proof of which is not admissible under any provision of this Act, which is tendered in evidence for the purpose of proving the truth of the matter stated in it. 38. Hearsay evidence is not admissible except as provided in this Part or by or under any other provision of this or any other Act. Sections 37 and 38 of the Evidence Act, 2011

 


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