Dialectics of Notice to Produce in Civil Litigation in Nigeria: An Examination of the Evidence Act 2011 and Selected Rules of Court

Abstract

The challenge of securing or producing documents that are either in the custody of an adverse party or a
non-party to a suit, ethically justifies the introduction of the notice to produce procedure. However, a proper
appreciation, construction and application of the notice to produce procedure has posed several challenges
to parties, counsel and the courts as can be deducted through decided cases. This paper therefore aims to
unravel and expound the position of the law on a successful invocation of the notice to produce procedure
through the frameworks of the Evidence Act 2011, the Federal High Court rules, National Industrial Court
of Nigeria rules and the Bayelsa State High Court rules. The paper thereafter makes recommendations on
the streamlining of extant provisions and dispositions of court for a better appreciation of the notice to
produce procedure.