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.
