Section 143: Rules of evidence

(1) Except as otherwise provided in this Act, the rules as to evidence to be observed in proceedings before a court-martial shall be the same as those observed in criminal courts in Nigeria and no person shall be required in a proceeding before a court-martial to answer a question or to produce a document which he could not be required to answer or produce in a similar proceeding before a civil court in Nigeria.
(2) Notwithstanding anything in subsection (1) of this section, a statutory declaration shall, in a trial by a court-martial, be admissible as evidence of the fact stated in the declaration in a case where, and to the extent which, oral evidence to the like effect would be admissible in that trial, but a statutory declaration shall not be admitted in evidence in the trial on behalf of either of the prosecution or of the defence-
(a) where the declaration is put forward on behalf of the prosecution, unless a copy of the declaration has, not less than seven days before the commencement of trial, been served on the accused; or
(b) where the declaration is put forward on behalf of the defence, unless a copy of the declaration has, not less than seven days or such less period as the convening officer may allow, before the commencement of the trial, been served on the convening officer by the accused; or
(c) in any case, if, not later than three days before the commencement of the trial or within such further time as the court-martial may in special circumstances allow, the accused or, as the case may be, the commanding officer of the accused, serves a notice in the prescribed form on the commanding officer or accused requiring that oral evidence shall be given in lieu of the declaration; or
(d) in any case, if the court-martial is of the opinion that it is desirable in the interest of justice that oral evidence should be given in lieu of the declaration and declares that it is of that opinion.
(3) A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court-martial, and of all other matters of which judicial notice would be taken in a civil court in Nigeria.