Unlike an affidavit per se, a Written Statement on Oath filed in Court is not evidence, unless it has been duly adopted by the witness at the trial. In other words, a Written Statement on Oath will only be evidence to be used by the Court in the determination of the Plaintiff’s Claim, if it has been adopted by the person who deposed to it as his testimony during the trial. If it is not so adopted, it is deemed abandoned and therefore cannot be examined by the trial Judge. An Affidavit on the other hand is the evidence of the witness made in writing. Thus, whether or not the deponent appears in Court, such depositions are capable of being evaluated by the Court as evidence.[1]
[1]Splinsters (Nig.) Ltd and another v Oasis Finance Ltd (2013) 18 NWLR (Pt 1385) 188 at 227 (CA); Agagu v Mimiko and others (2009) 7 NWLR (Pt 1140) p.34; Oraekwe v Chukwuka (2012) NWLR (Pt 1280) 87 at 201; Majekodunmi and others v Ogunseye (2017) LPELR-42547(CA) 40-45 paras D-C.