2019 CASES & PRINCIPLES

ABBEY MATHEW v. THE STATE

ABUBAKAR MOHAMMED v. THE STATE

AFOLABI FAJEBE v. ISAAC ADEBAYO OPANUGA

AJAOKUTA STEEL COMPANY LIMITED v. GREENBAY INVESTMENT AND SECURITIES LIMITED

ALFA SAKA SALAMI v. ALHAJI MOHAMMED JODI MAGAJI MUSE FAMILY

ALHAJI A.R. SULE v. MR. J. ORISAJIMI

ANTHONY OJIGHO v. NIGERIAN BAR ASSOCIATION

ARCHITECT HUDU IBRAHIM MAMONU v. JOSEPH D. MATO DIKAT

ASHAKACEM PLC v. ASHARATUL MUBASHSHURUN INVESTMENT LIMITED

BARR. AYODELE MUSIBAU KUSAMOTU v. ALL PROGRESSIVES CONGRESS

BARRISTER YUSUF DANKOFA v. FEDERAL REPUBLIC OF NIGERIA

BELLO BARAU GUSAU v. ALL PROGRESSIVES CONGRESS

CHIBUIKE OFORDIKE v. THE STATE

CHIDI EDWIN v. THE STATE

CHIEF BENSON EZIKE v. CHIEF ALPHONSUS EGBUABA

CHIEF V. C. OBUMSELI v. CHINYELUGO P. UWAKWE

CHYFRANK NIGERIA v. FEDERAL REPUBLIC OF NIGERIA

DAME PATIENCE IBIFAKA JONATHAN v. FEDERAL REPUBLIC OF NIGERIA

DAVID UCHE IDEH v. THE STATE

DR. CHIKE ONYEKWULUJE v. G.B ANIMASHAUN

ELDER DR. FRIDAY SANI v. KOGI STATE HOUSE OF ASSEMBLY

ELVIS EZEANI v. FEDERAL REPUBLIC OF NIGERIA

FEDERAL REPUBLIC OF NIGERIA v. ALH. ABUBAKAR MAISHANU

FEDERAL REPUBLIC OF NIGERIA v. CHIEF MIKE UMEH

FEDERAL REPUBLIC OF NIGERIA v. MOHAMMED ABUBAKAR

FEDERAL REPUBLIC OF NIGERIA v. NASIRU YAHAYA

FEDERAL REPUBLIC OF NIGERIA v. UCHENNA IWUAFOR

GIDADO ADAMU v. THE STATE

HON. MUSA MOHAMMED PALI v. HON. DR. MOHAMMED SANI ABDU

IMO AKPAN BASSEY v. THE STATE

JULIUS BERGER NIGERIA PLC v. TOKI RAINBOW COMMUNITY BANK LIMITED

KAMARU YUSUF v. THE STATE

KUNLE KALEJAIYE v. THE LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE

LEGI MOHAMMED v. THE STATE

MAJOR GENERAL KAYODE ONI RTD v. GOVERNOR OF EKITI STATE

MISS PROMISE MEKWUNYE v. EMIRATES AIRLINES

MISS TUTU DAWODU v. MRS. JOKOTADE ISIKALU

MRS GANIAT YETUNDE ELIAS v. ECO BANK NIGERIA PLC

MTN NIGERIA COMMUNICATION LIMITED v. CORPORATE COMMUNICATION INVESTMENT LIMITED

NATIONAL JUDICIAL COUNCIL v. HON. JUSTICE YAU IBRAHIM DAKWANG

NSIKAK BASSEY UKPONG v. THE STATE

OBIAJULU NWALUTU v. NIGERIAN BAR ASSOCIATION

OBINNA JOHN v. THE STATE

OGUNLEYE TOBI v. THE STATE

OLADIMEJI LATEEF AJIJOLA v. HON. FATIMA RASAKI

OLADIMEJI MOHAMMED EDUN v. FEDERAL REPUBLIC OF NIGERIA

P.C. ADEUSI ADESINA v. THE PEOPLE OF LAGOS STATE

PAUL ODIMEGWA v. DANIEL IBEZIM

RABI AMADI v. THE STATE

RAHMAN BROTHERS LIMITED v. NIGERIAN PORTS AUTHORITY

REV. FR. SILAS C. NWEKE v. THE FEDERAL REPUBLIC OF NIGERIA

SANI LAWALI v. THE STATE

SYLVANUS EKEMEZIE v. ANIKOKWU IFEANACHO

SYLVESTER C. NWOYE v. FEDERAL AIRPORTS AUTHORITY OF NIGERIA

TEGA ESABUNOR v. DR. TUNDE FAWEYA

THE GOVERNOR OF IMO STATE v. E.F. NETWORK NIGERIA LIMITED

THE SHELL PETROLEUM DEVELOPMENT COMPANY v. CHIEF ISAAC ASARO AGBARA

THE STATE v. RAPHAEL IFIOK SUNDAY

TONY CHIBUEZE OKOLONWAMU v. MRS. THERESA NKEM OKOLONWAMU

UNION BANK OF NIGERIA PLC v. CLEMENT NWANKWO

USMAN KAYODE OLOMODA v. MR. OLANIYI MUSTAPHA

UYAEMENAM NWORA v. NWEKE NWABUEZE

WOME MOSES, ESQ v. NIGERIAN BAR ASSOCIATION

YOHANNA DANJUMA v. THE STATE

ACTION – Cause of Action – Meaning of cause of action

ACTION – Commencement of action – Originating Summons Procedure – When Originating Summons can be used in commencing an action

ACTION – COMMENCEMENT OF ACTION – When a suit can be held to have been properly commenced

ACTION – Commencement of action – Whether every dispute of facts must be commenced by writ of summons – Need for the disputes of facts to be substantial

ADMINISTRATION OF ESTATE, CUSTOMARY LAW – Intestate succession – The applicable law to Intestate succession – Whether the law applicable in the deceased’s place of abode or ancestral home

ADMINISTRATIVE LAW – Certiorari proceedings – Circumstances where the remedy by certiorari proceedings would be granted

APPEAL – Abandoned ground of appeal – Whether a respondent can formulate issue from an abandoned ground of appeal

APPEAL – AMENDMENT OF NOTICE OF APPEAL – What the court should consider when taking application to amend Notice of Appeal

APPEAL – Appeal against Cost – Whether leave of court is required to file an appeal against cost

APPEAL – CONCURRENT FINDINGS – Attitude of the Supreme Court to concurrent finding(s) of fact(s) by Lower Courts

APPEAL – Concurrent findings – Circumstances under which an appellate court will interfere with the concurrent findings of facts by lower Courts

APPEAL – Concurrent findings – Instances where the Supreme Court will not interfere with concurrent findings of facts by the Lower Courts

APPEAL – Concurrent findings – Instances where the Supreme Court will interfere with concurrent findings of facts by Lower Courts

APPEAL – Concurrent Findings – Whether and when an appellate Court may interfere with the concurrent findings of the lower courts

APPEAL – Concurrent findings of fact – Instances where the Supreme Court may interfere with concurrent findings of fact by the Lower Courts

APPEAL – Concurrent findings of facts – Guiding principles for the review or interference with concurrent findings of facts by an appellate Court

APPEAL – Concurrent findings of facts – Instances where the Supreme Court may not interfere with Concurrent findings of facts by Lower Courts

APPEAL – Duty of the appellate court when considering an appeal – Whether appeals should be determined based on the correctness of the decision or the reason for the decision

APPEAL – Exercise of Discretion – Circumstance where an appellate Court will not interfere with the exercise of discretion by a lower Court

APPEAL – EXERCISE OF DISCRETION – Instances where appellate Court will not interfere with the exercise of discretion of lower Court on the grant of interim forfeiture

APPEAL – FINDINGS OF FACTS – Instances where the Supreme Court will interfere with concurrent findings of facts by Lower Courts

APPEAL – FINDINGS OF FACTS – When Supreme Court may interfere with concurrent findings of facts by lower courts – When it will not interfere

APPEAL – Findings of facts on interim forfeiture – Instance where an appellate Court will not interfere with the exercise of discretion of the lower Court on the grant of interim forfeiture

APPEAL – Fresh Issues – Whether or not the Supreme Court can pronounce on an issue not raised at the Court of Appeal

APPEAL – Grounds of Appeal – Abandoned grounds of appeal – Effect of a ground of appeal from which no issue for determination is formulated

APPEAL – Grounds of appeal – Whether must be relevant, connect with and relate to the decision appealed against

APPEAL – Grounds of Appeal – Whether must relate to the ratio decidendi of the judgment appealed against

APPEAL – Issue in an appeal – Meaning and purposes of an issue in appeal

APPEAL – Issues for determination – Effect of issues for determination not distilled from or related to grounds of appeal

APPEAL – Issues for determination – Principles guiding formulation of issues for determination in an appeal

APPEAL – Issues for determination – Principles guiding formulation of issues for determination in an appeal

APPEAL – Issues for determination – Whether Court can suo motu formulate or re-formulate issues arising from grounds of appeal for determination of an appeal

APPEAL – ISSUES FOR DETERMINATION: Formulation of issues for determination – Effect of an issue not arising or relating to any ground of appeal

APPEAL – LEAVE – Whether leave of court is required to file an appeal on grounds of mixed law and fact – Effect of failure to obtain leave to appeal on grounds of mixed law and fact

APPEAL – LEAVE TO APPEAL – Circumstances where leave of Court must be sought and obtained to file an appeal and effect of failure to obtain same

APPEAL – Leave to appeal – Conditions to be satisfied by an applicant seeking for extension of time to appeal

APPEAL – Leave to appeal – Whether an appeal against an interlocutory decision which is not on a ground of law requires leave of Court

APPEAL – LEAVE TO APPEAL – Whether leave is required where a ground of appeal raises the question of mixed law and fact

APPEAL – Misdirection – What Constitutes Misdirection In Law

APPEAL – New Issue on Appeal – Need for the leave to be obtained before raising New Issue on Appeal

APPEAL – PRACTICE AND PROCEDURE – Grounds of Appeal – Whether for grounds of appeal to be valid and competent must relate to the decision appealed against

APPEAL – PRACTICE AND PROCEDURE – Grounds of Appeal – Whether leave of court is required to file an appeal on grounds of mixed law and fact and effect of failure thereof

APPEAL – Preliminary Objection to an appeal – Need for Preliminary Objection to an appeal to be taken before the substantive appeal

APPEAL – Reply Brief – Aim of reply brief – Whether a reply brief is meant to re-argue the case of the appellant

APPEAL – Reply Brief – Function of a reply brief

APPEAL – Reply Brief – Purport of – Whether a reply brief is meant to improve on the quality of the argument in the Appellant’s brief

APPEAL – Reply Brief – Purpose of Reply Brief – Whether or not a Reply Brief is meant to improve on the quality of the argument in the Appellant’s brief

APPEAL – Unchallenged findings – Effect of failure to challenge findings or decision of court by way of appeal

APPEAL – VENUE – Filing of Notice of Appeal – Proper venue to file notice of appeal

APPEAL: CONCURRENT FINDINGS – Attitude of the Supreme Court to interference with concurrent finding(s) of fact(s) by Lower Courts

APPEAL: GROUNDS OF APPEAL –  Whether leave of court is required to appeal on grounds of mixed law and fact – Effect of failure to obtain leave

CONSTITUTIONAL LAW – FAIR HEARING – Accused person who fails to defend himself after adequate notice of the allegations against him – Whether or not can be deemed in law to have accepted all the facts and evidence against him

CONSTITUTIONAL LAW – FAIR HEARING – Principles of fair hearing

CONSTITUTIONAL LAW – FUNDAMENTAL RIGHT – Whether a party that had an opportunity to be heard but did not utilize it can bring an action for breach of fair hearing

CONSTITUTIONAL LAW – FUNDAMENTAL RIGHTS – Right to fair hearing – Circumstances where a party cannot complain of being denied right to fair hearing:

CONSTITUTIONAL LAW – Person charged with a criminal offence – Need to be given adequate time and facilities to prepare for his defence

CONSTITUTIONAL LAW, FAIR HEARING – Whether denial of the right to fair hearing must be raised on solid grounds

CONTRACT – Counter Offer – Legal effect of Counter Offer

CONTRACT – Offer and acceptance – Whether acceptance of an offer is necessary in order to crystallise a contract

CONTRACT – Terms of contract – Breach of a fundamental term in a contract – Whether the party in breach will not be allowed to benefit from or resort to exclusion clauses

CONTRACT, LABOUR LAW – Master and Servant – Whether court can impose a worker or a willing servant on an unwilling employer

COURT – EVIDENCE – Evaluation of Evidence – Duty of Court to Evaluate Evidence – Whether goes beyond taking evidence and watching the demeanour of witnesses

COURT – JUDGMENT AND ORDER – Reliefs – Whether the Court can grant an order or relief not sought

COURT – Power of the Court of Appeal as provided for under Section 15 of the Court of Appeal Act – Power to make any order necessary to determine the real question in controversy in an appeal and to amend any defect or error in the record of appeal

CRIMINAL LAW AND PRACTICE – Double Jeopardy – When the plea of double jeopardy will not avail an accused person

CRIMINAL LAW AND PRACTICE, EVIDENCE – Burden and standard of proof in criminal cases

CRIMINAL LAW AND PRACTICE, WORDS AND PHRASES – Meaning of conspiracy

CRIMINAL LAW AND PROCEDURE – ADMISSIBILITY OF CONFESSIONAL STATEMENT – Principles relating to the admissibility or otherwise of confessional statements

CRIMINAL LAW AND PROCEDURE – Alibi – Effect of failure of police or prosecution to investigate and disprove the defence of alibi when raised

CRIMINAL LAW AND PROCEDURE – Allocutus – Plea of Allocutus – Whether a fundamental right

CRIMINAL LAW AND PROCEDURE – Armed robbery – Ingredients of the offence of armed robbery

CRIMINAL LAW AND PROCEDURE – Arraignment – Taking of the plea of an accused in a criminal trial – Importance of plea or arraignment – Effect of non-compliance with the requirements of a valid arraignment

CRIMINAL LAW AND PROCEDURE – Bail of an accused person – When an accused person jumps bail – What the court should do when an accused person jumps bail

CRIMINAL LAW AND PROCEDURE – Cause of death – Whether the cause of death must be the act of the accused person

CRIMINAL LAW AND PROCEDURE – Concurrent findings – Instances where the Supreme Court may interfere with concurrent findings of facts by Lower Courts

CRIMINAL LAW AND PROCEDURE – Confessional statement – Conditions to be satisfied before a confessional statement can be used to convict an accused person

CRIMINAL LAW AND PROCEDURE – Confessional Statement – Meaning of confessional Statement – When a confessional Statement is voluntarily made – Effect and weight to be attached to the confessional Statement

CRIMINAL LAW AND PROCEDURE – Confessional statement – When a confessional statement is obtained with the aid of an interpreter – Need for both the interpreter and the person who recorded the statement to give evidence in Court

CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT – When objection to confessional statement is on the ground that it was not made as opposed to involuntariness – When trial within trial is required and when it is not required

CRIMINAL LAW AND PROCEDURE – Confessional statement – When the court may convict on confessional statement without corroboration

CRIMINAL LAW AND PROCEDURE – Confessional Statement – Where Confessional Statement is made in a language other than English Language – Need for the original statement to be tendered

CRIMINAL LAW AND PROCEDURE – Confessional statement – Whether a court can convict solely on the confessional statement of an accused person

CRIMINAL LAW AND PROCEDURE – Confessional Statement – Whether a court can convict solely on the confessional statement of an accused person

CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT – Whether a retraction or denial of a confessional statement affects its admissibility

CRIMINAL LAW AND PROCEDURE – Contradictions – Conflicting versions of the prosecution’s case – Whether the prosecution can prove the guilt of an accused person beyond reasonable doubts by putting two different versions of the same incident or transaction before the Court

CRIMINAL LAW AND PROCEDURE – Contradictions – Material contradictions in the prosecution’s case – Need to resolve doubts created by Material contradictions in the prosecution’s case in favour of the accused person

CRIMINAL LAW AND PROCEDURE – CONVICTION – Whether a Court can convict an accused person of a lesser offence

CRIMINAL LAW AND PROCEDURE – Criminal misappropriation – What the prosecution must establish to succeed in a charge of criminal misappropriation

CRIMINAL LAW AND PROCEDURE – Culpable homicide punishable with death – Ingredients that must be proved to establish the offence of culpable homicide punishable with death

CRIMINAL LAW AND PROCEDURE – Defence of insanity – When the defence of insanity will not avail an accused person

CRIMINAL LAW AND PROCEDURE – Effect of an accused resting his case on that of the prosecution

CRIMINAL LAW AND PROCEDURE – Firearms – Criminal liability for recklessness and negligence in handling of firearms

CRIMINAL LAW AND PROCEDURE – Forfeiture of bail bond – Principles guiding the grant or refusal of an application for forfeiture of bail bond

CRIMINAL LAW AND PROCEDURE – Illegal possession of firearms – Punishment for the offence of illegal possession of firearms

CRIMINAL LAW AND PROCEDURE – Ingredients and standard of proof required for the offence of criminal misappropriation

CRIMINAL LAW AND PROCEDURE – Liability of a surety after final judgment – Whether or not the liability of a surety terminates or survives the final judgment of the trial court

CRIMINAL LAW AND PROCEDURE – Murder – Essential ingredients that must be proved by the prosecution to secure conviction for the offence of murder

CRIMINAL LAW AND PROCEDURE – Murder – Essential ingredients that must be proved by the prosecution to secure conviction for the offence of murder

CRIMINAL LAW AND PROCEDURE – No case submission – Position of the law regarding no case submission

CRIMINAL LAW AND PROCEDURE – Number of Prosecution Witnesses – Whether the prosecution must call a particular number of witnesses to prove its case – Failure to call a vital and material witness – Effect of the failure on the prosecution’s case

CRIMINAL LAW AND PROCEDURE – Offence of murder – Essential ingredients that must be proved by the prosecution to ground a  conviction for murder

CRIMINAL LAW AND PROCEDURE – OFFENCES – ARMED ROBBERY – Ingredients that must exist to prove the offence of armed robbery

CRIMINAL LAW AND PROCEDURE – OFFENCES – ATTEMPT – When a person can be convicted for an attempt to commit rape – What the prosecution must establish to succeed in attempt to commit rape

CRIMINAL LAW AND PROCEDURE – OFFENCES OF ARMED ROBBERY –  Ingredients that must exist to prove offence of armed robbery

CRIMINAL LAW AND PROCEDURE – Plea of an accused person – Effect of plea of guilt by an accused

CRIMINAL LAW AND PROCEDURE – Proof – The requirement of the law as regard proof beyond reasonable doubt

CRIMINAL LAW AND PROCEDURE – Sentence – Whether the courts can impose anything less than the mandatory sentence prescribed by a statute

CRIMINAL LAW AND PROCEDURE – STEALING – Ingredients of the offence of stealing

DAMAGES – Distinction between general and special damages

DAMAGES – Special Damages – Meaning of special damages – Whether special damages must be claimed and strictly proved

DAMAGES – Special Damages – Whether special damages must be specifically pleaded and proved

DOCUMENTS – EVIDENCE – Document not tendered and admitted in evidence – Whether a Court can act on it

ELECTION PETITIONS – Time limit within which the Court can hear and dispose of an appeal in a pre-election matter – Retrospective applicability of Section 285 (12) of the 1999 Constitution

ELECTORAL MATTERS – INTRA PARTY AFFAIRS – Whether Courts have jurisdiction over nomination or sponsorship of candidate by a political party

ELECTORAL MATTERS – Procedure for appointment of Chairman and members of the State Independent Electoral Commission

EQUITY – Principles of equity – Applicability of “He who comes to equity must come with clean hands

ESTOPPEL – Estoppel by conduct – Instance of estoppel by conduct

ESTOPPEL – Meaning of estoppel per rem judicata

EVIDECE – Evaluation of evidence – Duty of the trial court to evaluate evidence vis-a-vis appellate court

EVIDENCE – Affidavit Evidence – Whether a trial by affidavit evidence can be conducted without the presence of the deponent to give oral evidence

EVIDENCE – AFFIDAVIT EVIDENCE – Whether facts not disputed or challenged are deemed to have been admitted

EVIDENCE – BURDEN AND STANDARD OF PROOF – On who lies the burden and standard of proof in criminal trials – How the burden can be discharged

EVIDENCE – Burden of proof in criminal cases – Whether the burden of proof on the prosecution can shift to the accused person

EVIDENCE – Cross-Examination – Purpose of cross-examination – Evidence elicited under cross-examination in support of the case of the party cross-examining – How evidence elicited under cross-examination should be treated

EVIDENCE – Documentary Evidence – Admissibility of documents – Whether an unsigned document can be admitted in evidence

EVIDENCE – Documentary evidence – Effect of failure to call the maker of a document where the authenticity of the document is challenged or in issue

EVIDENCE – Documentary Evidence – Whether oral evidence can be allowed to discredit or contradict documentary evidence

EVIDENCE – Evaluation of evidence – Duty of the trial court to evaluate evidence – When the appellate Court may interfere with evaluation of evidence

EVIDENCE – EVIDENCE OF SOLE WITNESS – Whether or not a court can convict on evidence of a sole witness – What the court must consider before it can convict on evidence of a sole witness

EVIDENCE – MEDICAL EVIDENCE – Circumstances where medical evidence would be indispensable

EVIDENCE – OFFENCE OF STEALING – Ingredients the Prosecution Must Prove To Sustain Conviction for the offence of stealing

EVIDENCE – PRACTICE AND PROCEDURE – Standard of proof in civil cases

EVIDENCE – Unchallenged evidence – Effect of failure to cross-examine a witness on material point

EVIDENCE – Uncontroverted facts in an affidavit – Effect of unchallenged facts in affidavit

EVIDENCE, PRACTICE AND PROCEDURE – Admissibility of documents – When documents are tendered and admitted without objection – Whether the party can raise objection on appeal

EVIDENCE, WORDS AND PHRASES – Meaning of “proof beyond reasonable doubt”

FUNDAMENTAL RIGHTS – FAIR HEARING – Meaning of fair hearing

FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Need for fair hearing to be invoked appropriately

FUNDAMENTAL RIGHTS – Right to fair hearing – The scope and applicability of the right of fair hearing – Whether right to fair hearing applicable to both judicial and quasi-judicial proceedings

INTERPLEADER – Burden of proof in interpleader proceedings

INTERPLEADER – Interpleader summons procedure – Applicability and parties therein

INTERPLEADER – Nature of Interpleader proceedings – Whether hearing of interpleader proceedings must be by oral or affidavit evidence

INTERPRETATION OF STATUTE – Alteration in procedural enactments – Retrospective nature of Alteration in procedural enactments – Effect of the 4th Alteration Act

INTERPRETATION OF STATUTES – Amendment of an enactment – Whether Amendment of an enactment is retrospective or prospective – Distinction between retrospective and prospective enactment

INTERPRETATION OF STATUTES – Artificial entities, including governmental offices – Whether all acts are prohibited except specifically permitted

INTERPRETATION OF STATUTES – Rules of interpretation – Expression unius est exclusion – Application of Expression unius est exclusion

JUDGMENT AND ORDER – Effect of a judgment delivered by a panel where one of them was not present at the hearing of the case

JUDGMENT AND ORDER – Effect of unappealed findings or decisions of court:

JUDGMENT AND ORDER – Final Decision – Meaning of Final Decision – Whether leave required to appeal against Final Decision

JUDGMENT AND ORDER – Perverse findings – Instances where the decision of court would be regarded as perverse

JUDGMENT AND ORDER – STAY OF EXECUTION PENDING APPEAL –  Whether stay of execution pending determination of appeal remains valid after the determination of the appeal

JUDGMENT AND ORDER – Unappealed Findings or Decision – Effect of unappealed findings or decisions of court

JUDGMENT AND ORDER, PRACTICE AND PROCEDURE – Order of Re-trial – Instances where order for retrial can be made

JURISDICTION – Appellate jurisdiction of Supreme Court – Whether the Supreme Court has jurisdiction to hear appeals directly from High Courts

JURISDICTION – Fundamental nature of jurisdiction – Effect of absence of jurisdiction on proceedings of court

JURISDICTION – Fundamental nature of jurisdiction – When and how to raise the issue of jurisdiction

JURISDICTION – Importance of jurisdiction – Whether or not jurisdiction can be raised for the first time on appeal – The rationale behind

JURISDICTION – Importance of jurisdiction – Whether the issue of jurisdiction must be resolved as a matter of priority

JURISDICTION – JURISDICTION OF THE FEDERAL HIGH COURT – Agency of the Federal Government – Whether presence of an Agency of the Federal Government in a suit automatically confers jurisdiction on the Federal High Court

JURISDICTION – Jurisdiction of the Federal High Court – Simple Contracts – Whether Jurisdiction of the Federal High Court covers simple contracts and or negligence

JURISDICTION – Offences under the Robbery and Firearms (Special Provisions) Act – Whether State High Court has jurisdiction to try offences under the Robbery and Firearms (Special Provisions) Act

JUSTICE – Substantive justice – Attitude of court to technicalities

 JUSTICE – TECHNICAL JUSTICE – Attitude of Court to technical justice

LAND LAW – Alienation of family – Conditions for a valid sale of family land under Yoruba law and custom – Whether Knowledge of a transaction constitutes valid family consent

LAND LAW – REVOCATION OF RIGHT OF OCCUPANCY – Whether there can be a valid revocation of a right of occupancy where the holder has not been served with a revocation notice – Required method of service of Notice of Revocation

LEGAL PRACTITIONER – COUNSEL – Mistake of counsel – Whether mistake of counsel should be visited on his client – Attitude of Court to mistake of counsel

LEGAL PRACTITIONER – Signing of court process – Duty of counsel or appellant to sign court process – When court process is signed in the name of a law firm – Effect of court process signed in the name of a law firm on the jurisdiction of the court

MAXIM – EX DOLOMALO – Meaning of ex dolomalo

MAXIM – EX TURPICAUSA NON ORITURACTIO – Meaning of ex turpicausa non orituractio

ONSTITUTIONAL LAW – FAIR HEARING – Meaning of fair hearing:

PLEADINGS – Amendment of pleadings – Principles guiding the discretionary power of Court to grant or refuse an application for amendment of pleadings or Court processes

PRACTICE AND PROCEDURE – ABUSE OF COURT PROCESS – What amounts to abuse of Court process and when a claim of abuse of court process cannot be sustained

PRACTICE AND PROCEDURE – Abuse of Court Process – Whether filing of two applications in different Courts at the same time constitutes abuse of Court process

PRACTICE AND PROCEDURE – ADDRESS OF COUNSEL – Whether address or argument of counsel can take the place of evidence

PRACTICE AND PROCEDURE – Alternative Claim or Relief – Conditions for granting an alternative claim or relief

PRACTICE AND PROCEDURE – Alternative Claim or Relief – Conditions for granting alternative claim or relief

PRACTICE AND PROCEDURE – Documents attached to unadopted Written Statement on oath – Whether the Court can rely on a document attached to unadopted Written Statement on oath

PRACTICE AND PROCEDURE – Filing Fees – Lack of Filing Fees – Effect of Lack of Filing Fees on jurisdiction of Court – When Filing Fees is alleged to be underassessed – Onus on the party who alleges to prove

PRACTICE AND PROCEDURE – Legal Personality – How legal personality can be challenged:

PRACTICE AND PROCEDURE – Preliminary Objection – Whether a party can argue Preliminary Objection in his brief without filing a separate notice

PRACTICE AND PROCEDURE – Signing of Court Process – Need of Court Process to be signed by a legal practitioner – Effect of a court process signed in the name of a law firm

PRACTICE AND PROCEDURE – The dichotomy between “reasonable cause of action and locus standI”

PRACTICE AND PROCEDURE – Written Statement on oath – Effect of a written statement on oath which has not been formally adopted by a prospective or potential witness

PROFESSIONAL ETHICS – Legal Practitioner – Responsibility of a lawyer under Rule 1 of the Rules of Professional Ethics, 2007 – Duty to uphold and observe the rule of law, promote and foster the course of justice, maintain a high standard of professional conduct, and shall not engage in any conduct which is unbecoming of a legal practitioner

STATUTES – Section 2 (a) of the Public Officers’ Protection Act – The intendment of Section 2 (a) of the Public Officers’ Protection Act

TORT – Duty of care – Duty of Care Imposed by law on those handling firearms

TORT – Libel – What the Plaintiff must prove to succeed in claim for libel

WORDS AND PHRASES – “Allocutus” – Meaning of Allocutus

WORDS AND PHRASES – “Waiver” – Meaning of waive

WORDS AND PHRASES – CONSPIRACY – Meaning and nature of conspiracy – Whether agreement must be established to secure conviction for conspiracy

WORDS AND PHRASES – Locus classicus – Meaning of Locus classicus

WORDS AND PHRASES – Negligence – Meaning of Negligence