This paper critically examines the procedural framework and legal validity of
examining witnesses abroad through Letters of Request and Special Examiners under
Nigerian law. Rooted in the principle of International Judicial Assistance, these
mechanisms are designed to bridge evidentiary gaps in transnational civil and
commercial litigation. This paper carefully delineates the statutory basis, procedural
steps, and judicial discretion involved in invoking these tools under various Rules of
Court in Nigeria. However, the paper raises profound constitutional and evidential
concerns, contending that the procedure potentially violates the core tenets of fair
hearing, oral evidence, and judicial presence as enshrined in Nigerian jurisprudence.
The paper argues that such processes may amount to a form of “trial by
correspondence,” thereby undermining the trial Judge’s sensory role in assessing the
credibility and demeanour of witnesses. It also highlights the risk of jurisdictional
overreach, inconsistency with the composition of the trial court, and the
incompatibility of foreign evidentiary procedures with Nigerian legal standards.
Drawing lessons from the United Kingdom, the author proposes a progressive
approach whereby Nigerian trial Judges may be empowered to act as Special
Examiners abroad or employ virtual hearing options to safeguard procedural
integrity. Ultimately, the paper calls for a cautious, constitutionally sound
application of these international co-operation tools, urging Nigerian courts to
prioritize judicial presence, evidentiary fairness, and procedural coherence.