Nigeria Judicial Assistance


Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case.  Questions involving interpretation of specific foreign laws should be addressed to foreign counsel.  This circular seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law.  The U.S. Department of State does not intend by the contents of this circular to take a position on any aspect of any pending litigation.

Summary:  Nigeria is not a party to any multilateral agreements on judicial assistance.  Judicial assistance between the United States is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77; 596 UNTS 261; TIAS 6820 (Article 5), the Consular Convention Between the United States and the United Kingdom of 1951 (3 UST 3426) and applicable local law.

Service of Process

Nigeria is not a party to the Hague Service Convention.  In the absence of any prohibition against it, service of process in Nigeria may be effected by mail, by agent, such as a local attorney, or through letters rogatory.  Service by letters rogatory through the diplomatic channel can take more than a year.  See the Department of State circular Preparation of Letters Rogatory.  Litigants may wish to consult an attorney in Nigeria before pursuing a particular method of service of process, particularly if enforcement of a U.S. judgment is contemplated in the future.

Obtaining Evidence (Overview)

Nigeria is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. 

Taking Depositions of Willing Witnesses

Nigerian law does not mention the taking of voluntary depositions.  The laws address themselves specifically to the taking of depositions upon an order from the court.  The same procedures (re: the taking of depositions upon an order from the court) apply in civil, domestic, commercial and criminal matters.  Article 5 of the VCCR and the U.S.- U.K. bilateral Consular Convention to which the United States and Nigeria are parties provide for the taking of testimony.  Voluntary depositions of willing witnesses in Nigeria are permitted.  Testimony may be taken at the U.S. Embassy or via telephone or teleconference from the United States.  Contact the U.S. Embassy in Nigeria directly to make arrangements for the taking of depositions.  For the current schedule of consular fees, see 22 CFR 22.1.

Travel to Nigeria for Judicial Assistance Activities

Before traveling to Nigeria for judicial assistance related activities, see the Country Specific Information and any applicable Public Announcements or Travel Warnings.  It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system (IBRS). 

Host country clearance is required for official U.S. Government travel to Nigeria and must be in compliance to the provisions of the Nigerian Immigration Act of 1963.  The Ministry of External Affairs requires that the U.S. Embassy inform the office by diplomatic note of the proposed travel by U.S. officials to the host country.  This should be done at least three weeks in advance of the proposed travel and automatically triggers clearance procedures by the host government.

Compulsion of Evidence

The Nigerian Federal High Court (Court Procedure) Rules Order XXVIII empowers the court at its discretion, on the application of any of the parties to any suit or proceeding, to compel any other party to allow the applicant to inspect all or any documents in the custody or under the control of such other party relative to such suit, and if necessary, to take examined copies of the same.  If an application is submitted via letters rogatory in such a manner as to give notice to any Nigerian court that a court or tribunal of competent jurisdiction is desirous of obtaining the testimony of witnesses within the jurisdiction, then the court may issue an order compelling the examination of such witnesses.  A court will give directions as to time, place and manner of such examination, and all other matters connected as may appear reasonable and just.  See the Department of State circular Preparation of Letters Rogatory.  For the current schedule of consular fees, see 22 CFR 22.1.

Criminal Matters

Nigerian law does not outright prohibit the service of a U.S, federal or state criminal subpoena upon a U.S. citizen or lawful permanent resident of the United States in Nigeria (28 U.S.C. 1783; 22 CFR 92.86). 

U.S. federal or state prosecutors should contact the Office of International Affairs, Criminal Division, Department of Justice at (202) 514-0015 for guidance about the U.S./Nigeria bilateral Mutual Legal Assistance in Criminal Matters treaty which entered into force January 14, 2003.

Defense Requests in Criminal Matters

The U.S. Department of State expects criminal defendants, or their defense counsel, who wish to request judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters to make such requests pursuant to letters rogatory in accordance with Article 5(j) of the Vienna Convention on Consular Relations.  See the Department of State circular Preparation of Letters Rogatory.  

Defense requests for compulsion of evidence in criminal matters may be prepared in the form of a letter rogatory transmitted via diplomatic channels.  Direct requests to the U.S. Department of State Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, Africa Division, CA/OCS/ACS/AF.  SA-29, 4th Floor, 2201 C Street N.W., Washington, D.C.  20520.  tel:  1-888-407-4747.  For general guidance about preparation and transmittal of such requests, see our Preparation of Letters Rogatory feature at www.travel.state.gov.

For the current schedule of consular fees, see 22 CFR 22.1.  Fees should be made payable to the U.S. Embassy/Consulate General/Consulate which will be transmitting the letters rogatory.  Payment should be in the form of a certified or corporate check.   

Authentication of Documents

 Nigeria is not party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents.  For information about authentication of documents see the U.S. Department of State Authentications Office webpage.

Enforcement of Judgments

There is no treaty in force between the United States and any country on the reciprocal enforcement of judgments in general.  See the Department of State general circular on enforcement of judgments.

Lists of Attorneys in Nigeria

U.S. Embassy in Nigeria List of Attorneys.  See also Retaining a Foreign Attorney.

ADDRESS OF THE AMERICAN EMBASSY IN NIGERIA

Postal Address:

The Embassy of the United States of America

1075 Diplomatic Drive

Central Area, Abuja

Phone:  [234] (9) 461-4000

Links

U.S. Department of State Links

U.S. Government Links

Library of Congress - Nigeria

World Fact Book Nigeria

Reference

The Sharia Court of Appeal in Northern Nigeria: The Continuing Crises of Jurisdiction, 52 Am. J. Comp. L. 859 (2004)