A subpoena is a legal document issued by a court or authorized legal body that orders a person to do one of two things:
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Appear in court or at a legal proceeding (like a deposition) to give testimony. This is called a subpoena ad testificandum.
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Provide documents, records, or evidence for a case. This is called a subpoena duces tecum.
A subpoena means you are legally required to cooperate with a court process by showing up to speak or handing over certain information. Ignoring it can result in penalties, fines, or even arrest.
Subpoenas are applicable in Nigeria, though the term more commonly used in Nigerian legal practice is “witness summons,” especially in civil and criminal courts.
Here’s how it works in Nigeria:
1. Witness Summons (Similar to a Subpoena)
A Nigerian court can issue a witness summons to compel:
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A person who appears in court to give evidence.
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A person to produce documents or evidence (sometimes called a subpoena duces tecum, especially in higher courts).
This applies in criminal, civil, and customary court matters.
2. Legal Backing
The procedure is backed by various Nigerian laws and court rules, such as:
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The Administration of Criminal Justice Act (ACJA) 2015 applies to criminal matters in federal courts.
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The Evidence Act 2011.
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High Court Civil Procedure Rules (varies by state).
3. What Happens if You Ignore It?
Refusing to obey a subpoena or summons from a Nigerian court can lead to:
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A bench warrant for your arrest.
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Contempt of court charges.
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Fines or other legal penalties.
If you received a subpoena, it’s important to:
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Read it carefully to understand what is being asked.
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Note the deadline or date of appearance.
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Consult a lawyer if you’re unsure how to respond or if it involves sensitive matters.
