Journal of Law Review :Case Law Review

Abstract

Abstract Legal combatants fight their cases before courts on the basis of facts adduced before courts in evidence. The facts needed by courts are supplied by litigants through oral testimonies, affidavit evidence andpresumptions in appropriate cases . The vital place of affidavit evidence in litigation need not be overemphasised; it is the only means of supplying evidence in matters commenced by originating summons , matters commenced by originating motions and interlocutory applications. It is the importance of affidavit evidence in litigations that has made the decision of the Apex Court in Buhari v. I.N.E.C. that is an aberration from previous decisions of the same court on the implication ofparagraphs of an affidavit running afoul of section 115 of the Evidence Act a matter of great concern and a call for an urgent review of the decision of utmost importance. This work employs the doctrinal inquiry methodology, largely analysis of case law, to bring to the fore the need for a revision of the decision under review and a recommendation for the review proposed.