Only Facts Not Evidence: The Indispensability of Pleadings in Modern Advocacy in Nigeria

Abstract

At common law and in Nigeria pleadings are indispensable to dispute resolution procedure, as they operate to define and delimit with clarity and precision, the real matters of controversy between the parties and on which the court will be called upon to adjudicate and decide between them. Pleadings are peculiar to actions which commenced by writ of summons in the High Court, and it is briefed in the Court of Appeal. It is the role played by these documents known as pleadings in the administration of Justice in Nigeria that this paper explores. In conducting this research, a descriptive analysis has been carried out with the help of statutory enactments and judicial pronouncements. The paper found that before any civil matter is set down for actual hearing by the court, pleadings must be filed to define and ascertain the issues in despite between parties and those upon which parties had already agreed. It is our further findings that pleadings are the most useful and indispensable instrument for quick disposal of civil cases in our courts. The paper suggests that since pleadings provide an easy way of identifying the real facts -in -issue thereby saving the costs and time at trial in the High Courts the same concept should be introduced in the Magistrate’s Courts and other courts of coordinate jurisdictions in Nigeria.