“The parties relied on affidavit/documentary exhibits to enable the learned Federal Judge to determine the controversy. What is the purpose of an affidavit in proceedings of this nature?
In Bamaiyi Vs. The State (2001) FWLR (pt. 46) 956 Uwaifo JSC held at page 978 paragraph “G” to page 979 para. “A” – “B” as follows:-
“I think the two affidavits must now be read as one since the one later in time was sworn in furtherance of the earlier. It must not be forgotten that the deponent, Olakunle Ligali, deposed that by virtue of his schedule of duties, he became conversant with the facts of this case. To be conversant with, is to have knowledge of a matter. Even so, the law requires a deponent of his type to confine himself to facts and circumstances. An affidavit meant for use in Court stands as evidence and must, as near as possible, conform to oral evidence admissible in Court. Sections 86 and 87 of the Evidence Act provides as follows:
86. Every affidavit used in the Court shall contain only a statement of facts and circumstances to which the witness deposes, either of his own personal knowledge or from information which he believes to be true.
87. An affidavit shall not contain extraneous matter, by way of objection, or prayer, or legal argument or conclusion.
These provisions have received the consideration of this Court in Governor of Lagos State Vs. Ojukwu (1986) 1 NWLR (pt. 18) 621; Orji Vs. Zaria Industries Ltd. (1992) 1 NWLR (pt. 216) 124; and more recently Josien Holdings Ltd. Vs. Lornamead Ltd. (1995) 1 NWLR (pt. 371) 254.” Per TUR, J.C.A. (Pp. 58-59, Paras. B-D); OKECHUKWU v. UBA PLC & ANOR CITATION: (2017) LPELR-43100(CA)