Section 13: Proof of facts by certificate
(1) For the purposes of this Act, a certificate issued by or on behalf of the appropriate authority of a country stating that at a time specified in the certificate a person so specified either was or was not a member of a visiting force of that country shall, in any proceedings in any Nigerian court, be sufficient evidence of the fact so stated unless the contrary is proved.
(2) For the purposes of this Act, a certificate issued by or on behalf of the appropriate authority of a country, stating with respect to a person specified in the certificate-
(a) that he has been tried, at a time and place specified in the certificate, by a service court of that country for a crime so specified; or
(b) that on a date so specified he was sentenced by a service court of that country to such punishment as is specified in the certificate, shall in any proceedings in any Nigerian court be conclusive evidence of the facts so stated.
(3) Where a person is charged with an offence against Nigerian law and at the material time he was a member of a visiting force to which this section applies, a certificate issued by or on behalf of the appropriate authority of the sending country stating that the alleged offence, if committed by him, arose out of and in the course of his duty as a member of that force shall, in any proceedings in any Nigerian court, be sufficient evidence of that fact unless the contrary is proved.
(4) For the purposes of this Act-
(a) a certificate issued by or on behalf of the appropriate authority of a country, stating that a body, contingent or detachment of the forces of that country is, or was at a time specified in the certificate, present in Nigeria, shall in any proceedings in any Nigerian court be conclusive evidence of the facts stated therein; and
(b) where in any such proceedings it is admitted or proved (whether by a certificate under paragraph (a) of this paragraph or otherwise) that a body, contingent or detachment of the forces of a country is or was at any time present in Nigeria, it shall be assumed in those proceedings, unless the contrary is proved, that the body, contingent or detachment is or was at that time present in Nigeria on the invitation of the Government of the Federal Republic of Nigeria.
(5) Where in any certificate issued for the purposes of this Act reference is made to a person by name, and in any proceedings in a Nigeria court reference is made to a person by that name (whether as a party to the proceedings or otherwise) the references in the certificate and in the proceedings shall, unless the contrary is proved, be taken to be references to one and the same person.
(6) Any document purporting to be a certificate issued for the purpose of any provision of this Act, and to be signed by or on behalf of an authority specified in the certificate, shall be received in evidence and shall, unless the contrary is proved, be taken to be a certificate issued by or on behalf of the appropriate authority of a country, and the document purports to be signed by or on behalf of an authority of that country, that authority shall, unless the contrary is proved, be taken to be the appropriate authority of that country for the purposes of that provision.
Cite this section
Section 13, VISITING FORCES ACT (1965).
https://repo.podus.ai/laws/visiting-forces-act/section/13/