Section 413: Depositions as evidence when witness cannot be produced

(1)
Subject to the provisions of this section, where in the course of any proceedings instituted under this Act before any court or person authorised to receive evidence, the testimony of any witness is required in relation to the subject matter of the proceedings, and the witness cannot be found in Nigeria, any deposition that the witness has previously made on oath in relation to the same subject matter before any judge or magistrate in any country other than Nigeria, or before any diplomatic or consular officer of Nigeria or of any foreign country shall be admissible in evidence.
(2)
No deposition shall be admissible in criminal proceedings unless the deposition was taken in the presence of the person accused, and the judge, magistrate or diplomatic or consular officer when authenticating the deposition made before him certifies that the accused was present at the taking of the deposition.
(3)
A deposition admissible for the purposes of this section shall be deemed to be duly authenticated if it purports to have been signed by the judge, magistrate or diplomatic or consular officer before whom it was taken.
(4)
It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition and in any criminal proceeding, a certificate purporting to have been signed by the judge, magistrate or diplomatic or consular officer before whom the deposition was taken that the accused was present at the taking of the deposition shall, unless the contrary is proved, be sufficient evidence of the fact.
(5)
Nothing in this section shall affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any other written law.