Section 253 Evidence Act 2011

Section 253 Evidence Act 2011

Section 253 Evidence Act 2011 is titled ‘Subpoena or witness summons may be served in another State‘. It is under Part XV (SERVICE AND EXECUTION THROUGH OUT NIGERIA OF PROCESS TO COMPEL THE ATTENDANCE OF WITNESSES BEFOREAPPLIED TO ALL JUDICIAL PROCEEDINGS IN OR BEFORE COURTS IN NIGERIA) of the Act. It states as follows:

(1) When a subpoena or summons has been issued by any court in any State or in the Federal Capital Territory, Abuja or by the Federal High Court in the exercise of its civil jurisdiction in accordance with any power conferred by law requiring any person to appear and give evidence or to produce books or documents in any proceeding, such subpoena or summons may upon proof that the testimony of such person or the production of such books or documents is necessary in the interests of justice by leave of such court on such terms as the court may impose be served on such person in any other State or the Federal Capital Territory, Abuja.

(2) If a person upon whom a subpoena or summons has been served in accordance with subsection (1) of this section fails to attend at the time and place mentioned in such subpoena or summons such court may on proof that the subpoena or summons was duly served on such person and that the sum prescribed by law was tendered to him for his expenses, issue such warrant for the apprehension of such person as such court might have issued if the subpoena or summons had been served in the State or the Federal Capital Territory, Abuja in which it was issued.

SEE ALSO  Section 144 Evidence Act 2011

(3) Such warrant may be executed in such other State or the Federal Capital Territory, Abuja in the manner provided in Chapter 12 of the Criminal Procedure Act, in the case of warrants issued for the apprehension of persons charged with an offence.

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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