 Introduction
The legal framework of subpoenas in Nigeria is defined by statutory laws, court rules, and case law, which collectively govern their issuance, service, and enforcement. This article explores the different types of subpoenas, the legal requirements, and the process involved in their use, highlighting their importance in upholding justice and fairness within the Nigerian legal system.
What is a Subpoena?
A subpoena is a legal document that commands an individual to appear in court or produce evidence for a legal proceeding. According to Black’s Law Dictionary, 9th Edition, at 1563, Subpoena is defined as a writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply.
In Business Edge Consulting Ltd V. Bauchi State Govt & Ors., the Court of Appeal defined a subpoena as a formal document issued by the Court commanding a person required by a party to a suit to attend before the Court at a given date on his behalf. Additionally, in Omidiran v Patricia (2010) LPELR-9160 (CA), a subpoena was defined as a formal document issued by the court commanding a person required by a party to a suit to attend before the court at a given date, to give evidence on behalf of the party or to bring with him and produce any specified documents required by the party as evidence or for both purposes.
Subpoena is a potent tool available for any party in the course of dispute resolution before a court, particularly a trial court in Nigeria by ensuring that evidence is presented and witnesses are available for trial.
Types of Subpoenas in Nigeria
In Nigerian legal practice, there are two primary types of subpoenas:
- Subpoena Ad Testificandum: This type of subpoena compels an individual to appear in court and testify as a witness. It can be issued by a party to a suit, the court itself, or a tribunal. The individual receiving the subpoena is required to give testimony relevant to the case at hand. There is a specie of Subpoena Ad Testificandum referred to as Habeas Corpus Ad Testificandum which is used to compel the Controller of Prisons to produce any individual in his custody in court at a given date and time to testify in a pending matter and return such individual back to the Prisons thereafter.
- Subpoena Duces Tecum:Â Subpoena duces tecum which compels the person so summoned to attend Court and produce certain specific documents and other items, material and relevant to facts in issue in a pending judicial proceeding which documents and items are in custody and control of the person or body served with the process. Business Edge Consulting Ltd V. Bauchi State Govt & Ors (2019) LPELR-50339(CA).
- Subpoena Duces Tecum Ad Testificandum: Subpoena Duces Tecum Ad Testificandum compels the person summoned to attend Court and produce specified documents and items and to also give evidence on behalf of the party demanding his presence. Â See Business Edge Consulting Ltd V. Bauchi State Govt & Ors (2019) LPELR-50339(CA). In some cases, both testimony and the production of documents are required. This combined subpoena mandates that a person both testify and provide evidence or documents.
The forms for these types of subpoenas are typically provided in the various Rules of Court and can be adapted to address specific circumstances. It is essential for a party to use the appropriate type of subpoena for their case. It’s important to emphasize that the facts or documents for which a subpoena is issued must be relevant and properly pleaded. If they are deemed irrelevant or frivolous, the court may quash the subpoena. Additionally, the witness being subpoenaed must be both competent and compellable; otherwise, the court may disregard the subpoena.
Legal Framework Governing Subpoenas in Nigeria
The use of subpoenas in Nigeria is primarily governed by two key sources of law:
- The Evidence Act, 2011:
The Evidence Act is the primary statutory framework that governs the admissibility of evidence and procedures for compelling the attendance of witnesses. The power of Courts to issue Subpoenas to compel attendance or the production of documents is essentially statutory as provided in Sections 218 and 219 of the Evidence Act 2011.
- The Federal High Court Rules and High Court Rules of various States:
The rules of court for the Federal High Court and High Courts of various States also set out the procedures for the issuance, service, and enforcement of subpoenas. These rules specify who can issue a subpoena, how it should be served, and the consequences of failure to comply.
The Process of Issuing and Serving a Subpoena in Nigeria
- Issuance of Subpoenas:
Under the Nigerian Law, Subpoenas can be issued by the Court or a party suit. A party who wishes to summon a witness or require the production of documents must file a motion in court. If the court is satisfied with the motion, it will issue the subpoena. Subpoenas can be issued at any stage
- Service of Subpoena:
Subpoenas must be served on the person named in the subpoena in accordance with the rules of court. Service can be effected by:
- Personal service: This is the most common method of service. The subpoena is delivered personally to the witness or the person in possession of the documents sought.
- Substituted service: This method of service is used when personal service cannot be effected. The court may order substituted service by leaving the subpoena at the witness’s last known address or by publishing the subpoena in a newspaper.
- Service by post: This method of service is allowed in some cases, but it is not as reliable as personal service.
3. Non-Compliance with a Subpoena:
Failure to comply with a subpoena can result in serious legal consequences. If a person who has been subpoenaed fails to appear in court or provide the requested documents, the individual may be found in contempt of court, which can result in fines, imprisonment or other sanctions. A person who fails to comply with a subpoena may be held in contempt of court. This can result in fines, imprisonment, or other sanctions.
Conclusion
The legal framework of subpoenas in Nigeria is vital for ensuring the proper administration of justice by compelling the attendance of witnesses and the production of evidence. Governed by the Evidence Act of 2011 and various court rules, subpoenas play a crucial role in the judicial process. Despite challenges such as delays in service and enforcement, subpoenas remain an integral part of legal proceedings in Nigeria, particularly for upholding the principles of justice and fairness. Understanding the legal requirements and procedural rules governing subpoenas is crucial for both legal practitioners and litigants in navigating the Nigerian legal system.
REFERENCES
- Sections 218 and 219 of The Evidence Act, 2011.
- Dentons ACAS-Law – Practice and procedure for the issuance and use of subpoenas under the Nigerian legal system
- Raphael Legal Practice Dictionary Series – Vol 1: Subpoena Duces Tecum – The Loyal Nigerian Lawyer
- (2019) LPELR-50339(CA).
- A Guide for Victims of Crime Preparing for Trial – AWJAI
