In the case of ALHAJI ISIAKA GARBA & ANOR V ALHAJI AREMU BANNA 2014 LPELR – 24308 (CA), the court, Per Onyemena JCA, emphasized the proprietary of a reply statement on oath, accompanying a Petitioners reply when it reiterated thus, in distinguishing between an ‘additional statement on oath’ and a ‘Reply statement on oath’ ‘A reply statement of oath is sworn evidence made to proof facts contained in a claimants reply to defendant’s statement of defence. The reply statement on oath does not add nor revise the claimant’s statement on oath. It is only necessary and allowed in proceedings to enable the claimant proof facts in response to defendants fresh issues raised outside the claimants pleadings. Accordingly, a reply statement on oath is that sworn evidence of a claimant which seeks to prove facts in his reply statement as a result of fresh, unique, novel and further averments introduced to the defendant’s statement of defence outside the claimant’s statement of claim. See Egesimba v Onuzuruike 2002 15 NWLR PT 791 PG 466. Clearly therefore, an additional statement on oath is different from a reply statement on oath of a claimant……….’
MORE OFTEN THAN NOT THE STATEMENT OF OATH IS A REPLICA OF THE PLEADINGS; THE COURT RELIES ON THE QUALITY OF THE EVIDENCE
It must be borne in mind, and very crucially too, that in trials under new regime of front loaded evidence, more often than not the statement on oath of a witness is the replica of the pleadings of the party on whose behalf the evidence is given. The written deposition of a witness is thus...