2022-LCER-SC - LawCompass

2022 CASES & PRINCIPLES

CASES

PRINCIPLES

REV. DR. CHRISTIAN OKEKE v. MR. JOSEPH UWAECHINA

FIDELIS OHAEGBU & ORS v. REGD TRUSTEES OF THE CAPUCHIN FRIARS MINOR NIGERIA

S FANYAM v. GOV. OF BENUE STATE & ORS

INSPECTOR GABRIEL OF THE COMMISSIONER OF POLICE MONITORING UNIT, LAGOS v. EVANGELIST (MRS) HELEN UKPABIO

CHARLES NWOKEDI v. ANAMBRA STATE GOVT & ANOR

U.T.C. (NIG) PLC v. SAMUEL PETERS

PABLO AMARAN v. EDUCATION TRUST FUND

BRONWEN ENERGY TRADING LTD. v. OAN OVERSEAS AGENCY (NIG) LTD & ORS

ADALMA TANKERS BUNKERING SERVICES LTD & ANOR v. CENTRAL BANK OF NIGERIA & ORS

STANLEY OSSAI v. PEOPLE OF LAGOS STATE

ALADE STEPHEN v. THE STATE

ARUMEGBA KELLY v. THE STATE

AKINWUNMI AKINKUNMI v. THE STATE

NIGERIAN INDUSTRIAL DEVELOPMENT BANK LIMITED & ANOR v. KAN BISCUITS COMPANY LIMITED

TERFA YONGO & ORS v. MBAILUVE HAANONGON & ORS

NATIONAL ELECTRIC POWER AUTHORITY (NEPA) V. MALLAM MUHAMMED AUWAL

PATRICK EZERIKE V. THE STATE

JEREMIAH JOSEPH V. THE STATE

PRINCESS ANN NWANYIBUIFE AGOM EZE V. NWAEZE DAVID UMAHI & 3ORS

HON. GEORGE U. TIMINIMI & 9 ORS V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

SUFFOLK PETROLEUM SERVICES LIMITED V. MOBIL PRODUCING NIGERIA UNLIMITED

AKEEM ABIODUN V. THE STATE

WEMA BANK PLC V. ABRAHAM OLOTU & ANOR

SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED & ANOR V. CHIEF ISAAC OBORT-NTITO TORCHI & 3ORS

FAGBILE EBENEZER V. THE STATE

ACTION – DECLARATORY RELIEF(S) – Nature of a declaratory relief; whether a declaratory relief can be granted for wrongful dismissal in a master/servant relationship

ACTION – ORIGINATING PROCESS(ES) – Effect of a challenge to the validity of an originating process on the jurisdiction of the Court

ACTION – ORIGINATING PROCESS(ES) – Effect of an incompetent originating process

ADMINISTRATIVE LAW – ORDER OF MANDAMUS – Meaning and nature of an order of mandamus; condition(s) that must exist before same can be granted

ADMINISTRATIVE LAW – ORDER OF MANDAMUS – Meaning of order of mandamus; what an applicant must show before the court will make an order of mandamus

APPEAL – APPEAL TO THE SUPREME COURT – Position of the law as regards appeals to the Supreme Court

APPEAL – CRIMINAL APPEAL – Time within which to file a criminal appeal to the Supreme Court from the decision of the Court of Appeal; effect of failure

APPEAL – FILING/ENTRY OF APPEAL – Effect of failure to file a cross appeal against a final decision in a civil matter to the Supreme Court within the statutorily prescribed time

APPEAL – FORMULATION OF ISSUE(S) FOR DETERMINATION – Whether issue(s) for determination and/or ground(s) of appeal must be related to the part of the decision appealed against; effect of failure

APPEAL – GROUND(S) OF APPEAL – How to determine whether a ground of appeal is one of law, facts or mixed law and facts

APPEAL – HEARING OF APPEAL – Whether the Court of Appeal can hear an appeal on the brief of the appellant alone

APPEAL – INTERFERENCE WITH AWARD OF DAMAGES – Circumstances in which an appellate court will interfere with award of damages made by a trial Court

APPEAL – CONCURRENT FINDING(S) OF FACT(S) – Attitude of the Supreme Court to interfering with concurrent finding(s) of fact(s) by Lower Courts

APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Attitude of the Supreme Court to interference with concurrent finding(s) of fact(s) of Lower Courts

APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will interfere with concurrent findings of fact(s) by Lower Courts

APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – Circumstance(s) when an Appellate Court will not interfere with evaluation of evidence made by a Trial Court

APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – Instance(s) when an Appellate Court will/will not interfere with the evaluation of evidence of a Lower Court

APPEAL – INTERFERENCE WITH EVALUATION OF EVIDENCE – Whether an appellate Court can interfere with the decision of the lower Court based on credibility of witnesses

APPEAL – LEAVE OF COURT/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 OF COURT/LEAVE TO APPEAL – Effect of failure to seek leave of Court to file grounds of mixed law and facts

APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Whether an omnibus ground of appeal is a ground of fact for which leave of Court must be sought

APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Whether leave of Court is required to appeal on grounds of fact or mixed law and fact; effect of failure

APPEAL – LEAVE OF COURT/LEAVE TO APPEAL – Whether leave of the Court of Appeal or Supreme Court is required to appeal on ground(s) of fact or mixed law and fact to the Supreme Court; effect of failure to seek leave

APPEAL – NOTICE(S) OF APPEAL – Effect of a notice of appeal filed out of time

APPEAL – RECORD OF PROCEEDINGS – Whether the parties and the court are bound by the record of proceedings

APPEAL – UNAPPEALED FINDING(S)/DECISION(S) – Effect of unappealed finding(s)/decision(s) of court

BANKING LAW – LOAN – Duty on a debtor to pay back loans

CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING – Whether a party who had an opportunity of being heard but did not utilize it can bring an action for breach of fair hearing

CONSTITUTIONAL LAW – CONSTITUTIONAL PROVISION – Whether a Local Government Councillor comes within the purview of political office holders as provided for in the Constitution whose salaries shall be determined and charged upon the Consolidated Revenue Fund of the State by the Revenue Mobilization Allocation and Fiscal Commission

CONSTITUTIONAL LAW – CONSTITUTIONAL VALIDITY OF LEGISLATION – Whether the Anambra State Public Officers Salaries Law No, 7 of 2001 is inconsistent with Section 124(4) of the 1999 Constitution, as amended and ultra vires the powers of the Anambra State House of Assembly

CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING – Whether parties must be heard before their rights are determined

CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING – Fundamental nature of the right to fair hearing; effect of breach of same and duty of a party alleging breach of right to fair hearing

CONSTITUTIONAL LAW – SUPREMACY OF THE CONSTITUTION – Effect of any Law or Act that is inconsistent with the Constitution

CONSTITUTIONAL LAW – SUPREMACY OF THE CONSTITUTION – Nature and effect of the supremacy of the Constitution

COURT – COMPETENCE OF COURT – When will a Court be said to be competent; effect of defect in competence of Court

COURT – COURT OF APPEAL – Duty of the Court of Appeal in dealing with matters which come on appeal before it

COURT – DUTY OF COURT – Duty of intermediate Courts to pronounce on all issues raised for determination

COURT – JURISDICTION – Importance of jurisdiction and effect of proceedings conducted where Court lacks jurisdiction

CRIMINAL LAW AND PROCEDURE – ATTEMPT TO COMMIT AN OFFENCE – Ingredients of the offence of attempt to commit armed robbery

CRIMINAL LAW AND PROCEDURE – CONVICTION FOR LESSER OFFENCE – Whether an appellate Court can convict and impose a sentence on an accused person for a lesser offence than that for which he was convicted by the trial Court

CRIMINAL LAW AND PROCEDURE – DEFENCE(S) OF ACCUSED PERSON(S) – Duty of court to consider all defences available to an accused person; Instance where same will not arise

CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Effect of a successful plea of alibi

CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Effect of an accused person raising the defence of alibi at trial and not before trial

CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Position of the law on the defence of alibi

CRIMINAL LAW AND PROCEDURE – GUILT OF AN ACCUSED PERSON – Duty of the prosecution and the Court in proving the guilt of an accused person

CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE – Circumstances where an identification parade will not be necessary

CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – What constitute the offence of armed robbery

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

CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – What constitute the offence of armed robbery

CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Whether a toy gun falls within the definition of arms under the law

CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Whether the weapon used to carry out armed robbery must be tendered by the prosecution to secure a conviction

CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY – Circumstance that would make a party guilty of the offence of conspiracy

CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY – Nature and Ingredients of the offence of Conspiracy

CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF FIREARMS AND AMMUNITION – Ingredients of the offence of illegal possession of firearms

CRIMINAL LAW AND PROCEDURE – UNLAWFUL POSSESSION OF FIREARMS AND AMMUNITION – Whether the offence of unlawful possession of firearms is a strict liability offence; whether possession alone is sufficient to establish same

DAMAGES – GENERAL DAMAGES – Guiding principles for the award of general damages

DAMAGES – SPECIAL DAMAGES – Whether special damages that have been specifically pleaded must be strictly proved

DAMAGES – SPECIAL/GENERAL DAMAGES – Distinction between general and special damages

EQUITY – DOCTRINE OF ELECTION – Meaning and application of the doctrine of election

EVIDENCE – ADMISSION/ADMITTED FACT(S) – When will a fact be deemed admitted; whether facts admitted need further proof

EVIDENCE – ADMISSION/ADMITTED FACT(S) – Whether admission/admitted facts need further proof

EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – Effect where an accused person fails to prove a fact within his exclusive knowledge

EVIDENCE – BURDEN OF PROOF/STANDARD OF PROOF – Burden and standard of proof in criminal cases; how same is discharged

EVIDENCE – CONFESSIONAL STATEMENT – Appropriate time to object to the admissibility of a confessional statement; effect of failure

EVIDENCE – CONFESSIONAL STATEMENT – Effect of a confessional statement admitted without objection

EVIDENCE – CONFESSIONAL STATEMENT – Effect where the Court is satisfied that a confession is voluntary

EVIDENCE – CONFESSIONAL STATEMENT – Position of the law on the admissibility or otherwise of confessional statements

EVIDENCE – CONFESSIONAL STATEMENT – Purpose of the test for determining the truth of a confessional statement

EVIDENCE – CONFESSIONAL STATEMENT – Whether a court can convict on a retracted confessional statement

EVIDENCE – CONFESSIONAL STATEMENT – Whether a Court can convict on a voluntary confessional statement

EVIDENCE – CONFESSIONAL STATEMENT – Whether a court can convict solely on the confessional statement of an accused person

EVIDENCE – CROSS-EXAMINATION – Effect of failure to cross-examine a witness on material point

EVIDENCE – DOCUMENTARY EVIDENCE – Whether for a document to have any evidential value it must be relevant and must correlate to the facts in issue

EVIDENCE – ESTOPPEL PER REM JUDICATAM/RES JUDICATA – Meaning of parties in relation to estoppel per rem judicatam

EVIDENCE – ESTOPPEL PER REM JUDICATAM/RES JUDICATA – Meaning of privy (ies)

EVIDENCE – ESTOPPEL PER REM JUDICATAM/RES JUDICATA – Whether an issue of res judicata is a jurisdictional issue that can be raised anytime

EVIDENCE – ESTOPPEL PER REM JUDICATAM/RES JUDICATA – Whether the existence of the principle of res judicata is a question of fact

EVIDENCE – ESTOPPEL – Whether estoppel must be pleaded

EVIDENCE – EVALUATION OF EVIDENCE – Whether evaluation of evidence and ascription of probative value is a primary function of the trial Court

EVIDENCE – EVIDENCE OF A SINGLE WITNESS – Whether a court can convict on the evidence of a single witness

EVIDENCE – ISSUE ESTOPPEL – Whether for issue estoppel to arise all the parties in the previous suit must be the same in the present suit

EVIDENCE – JUDICIAL NOTICE – Duty of lower Courts to take judicial notice of relevant cases or decisions of apex Court

EVIDENCE – JUDICIAL NOTICE – Whether a court must take judicial notice of all the processes filed in a proceeding before it

EVIDENCE – PROOF – Ways of proving the commission of a crime; whether confessional statement is the best proof of a crime

EVIDENCE – UNCHALLENGED/UNCONTROVERTED EVIDENCE – Effect of an unchallenged/uncontroverted evidence

JUDGMENT AND ORDER – AWARD OF INTEREST – Whether the award of post-judgment interest is discretionary; principles guiding the exercise of such discretion

JUDGMENT AND ORDER – CONSEQUENTIAL ORDER – Nature and purpose of a consequential order

JUDGMENT AND ORDER – JUDGMENT OF COURT – Instances where a defendant who did not call evidence in a matter would be entitled to judgment

JUDGMENT AND ORDER – ORDER OF COURT – Effect of a valid and subsisting order of court

JUDGMENT AND ORDER – PERVERSE DECISION – When a decision of Court is said to be perverse

JUDGMENT AND ORDER – REASON FOR JUDGMENT – Whether an appellate Court is concerned with the correctness of the decision of the Court from which the appeal it is handling has emanated and not the reasons given

JURISDICTION – JURISDICTION OF THE COURT OF APPEAL – Exclusive appellate jurisdiction of the Court of Appeal

JURISDICTION – JURISDICTION OF THE STATE/FEDERAL HIGH COURT – Whether the Federal and State High Court have concurrent jurisdiction to entertain matters on enforcement of fundamental rights

LABOUR LAW – MASTER/SERVANT RELATIONSHIP – When the termination of the employment of an employee by the employer in a master/servant relationship will be wrongful; remedy available for wrongful termination

LABOUR LAW – MASTER/SERVANT RELATIONSHIP – Whether a master can terminate the contract of the servant anytime

LAND LAW – LIS PENDENS – Instance(s) where the doctrine of lis pendens will not apply

LAND LAW – LIS PENDENS – Meaning of the doctrine of lis pendens; conditions for its application

LAND LAW – LIS PENDENS – What is the purpose of the doctrine of lis pendens

LEGISLATURE – LEGISLATIVE POWER – Power of the National Assembly and State House of Assembly to make/amend laws; power of the Courts where a statute is enacted in breach of the Constitution

LEGISLATURE – STATE HOUSE OF ASSEMBLY – Power of a State House of Assembly to make laws for the peace, order and good government of a State

LEGISLATURE – STATE HOUSE OF ASSEMBLY – Power of a State House of Assembly to prescribe remuneration for certain categories of public officers and political office holders

PRACTICE AND PROCEDURE – ABUSE OF COURT/JUDICIAL PROCESS(ES) – Whether failure to obtain leave to appeal where same is required amounts to an abuse of Court process; effect of same

PRACTICE AND PROCEDURE – ACADEMIC OR HYPOTHETICAL QUESTION(S)/ISSUES/SUIT/EXERCISE – When is an appeal or a suit academic; attitude of Court to academic/hypothetical issues or question

PRACTICE AND PROCEDURE – APPLICATION(S)/MOTION(S) – Whether Court must determine/consider every application brought before it

PRACTICE AND PROCEDURE – DOCTRINE OF LIS PENDENS – Whether the doctrine of lis pendens applies to every suit

PRACTICE AND PROCEDURE – DOCTRINE OF LIS PENDENS – Application of the doctrine of lis pendens

PRACTICE AND PROCEDURE – DOCTRINE OF LIS PENDENS – Purport of the doctrine of lis pendens

PRACTICE AND PROCEDURE – DOCTRINE OF LIS PENDENS – Whether the doctrine of lis pendens applies to every suit

PRACTICE AND PROCEDURE – HEARING NOTICE – Duty of Court to ensure/ascertain service of hearing notice on parties absent in court

PRACTICE AND PROCEDURE – HEARING NOTICE – Effect of failure to serve hearing notice

PRACTICE AND PROCEDURE – RECORD OF COURT PROCEEDINGS – Whether a court is entitled to look at the record in its possession to make use of the information contained in it

PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Effect of a court process signed in the name of a law firm

PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Effect of a court process signed in the name of a law firm; whether same can be amended

PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Effect of a court process signed in the name of a law firm

PRACTICE AND PROCEDURE – SIGNING OF COURT PROCESS(ES) – Effect of an improperly signed Court process(es)

PRACTICE AND PROCEDURE – SUBSTITUTED SERVICE – Whether substituted service must be executed in the exact manner stated in the Court order; effect of failure

PUBLIC SERVICE – PUBLIC SERVANT – The position of the law as regards a public servant in the established pensionable cadre of the Federal/State Public Service

SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Condition(s) that must be established to succeed in an action for wrongful arrest of a ship

SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Provision of the law on the arrest of a ship; purpose of an arrest

SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Whether claim for damages for wrongful arrest or detention of a ship is a claim for special damages which must be specially pleaded and strictly proved

SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Whether claim for damages for arrest of a ship is a claim for special damages which must be particularized and proved; effect of failure thereof

SHIPPING AND ADMIRALTY – ARREST OF A SHIP – Who can sue and be sued in an action for wrongful arrest or detention of a ship

WORDS AND PHRASES – “ELECTION” – Meaning of “election”

ACTION – Action commenced/brought under a wrong law – Duty of the court to do justice despite the lacuna

ACTION/TORT – Cause/Right of action – Whether parents of a child, negligently electrocuted have cause of action against the tortfeasor for personal loss, pains, anguish and psychological trauma

APPEAL – AMENDED NOTICE OF APPEAL – Duty of Appellate Court to rely on amended notice of appeal – Effect of failure to rely on amended notice of appeal – Whether failure to consider an amended process constitutes a fundamental breach of right to fair hearing

APPEAL, PRACTICE AND PROCEDURE – Record of appeal – Bindingness of Record of Appeal on appellate Court and parties – Duty of the appellate Court to confine itself to the transmitted record

COURT – RECORD OF COURT – Bindingness of Court by its records

COURT/CRIMINAL LAW AND PRACTICE- Power and Jurisdiction of court to make orders in appropriate cases

COURT – POWER OF COURT – Source of Power of Court to make an order of restitution

CRIMINAL LAW AND PRACTICE – ARRAIGNMENT – Taking of plea – Whether taking of plea of the defendant in block vitiates the proceeding – Need to be treated as a mere irregularity

CRIMINAL LAW AND PRACTICE – ARRAIGNMENT – What constitutes a valid arraignment under Section 36 of the 1999 Constitution and Section 309 of the Administration of Criminal Justice Law of Anambra State

CRIMINAL LAW AND PRACTICE – Double jeopardy and re-trial – Whether an order for retrial amounts to double jeopardy – What the court should consider before making an order for re-trial

CRIMINAL LAW AND PRACTICE – Re-trial – What an appellate court must consider when making an order for re-trial

CRIMINAL LAW AND PRACTICE – Improper Arraignment – Whether Improper Arraignment in the presence of a counsel amounts to miscarriage of justice

CRIMINAL LAW AND PRACTICE – Re-trial – Factors to be considered before making an order for re-trial

CRIMINAL LAW AND PRACTICE – Trial within reasonable time – Intentional delay – Whether the Defendant/Appellant can benefit from his delay as a special circumstance to render re-trial oppressive

CRIMINAL LAW AND PRACTICE – Improper Arraignment – The proper order to make when non-compliance with section 187(1) of the Criminal Procedure Code is established – Whether an order of discharge and acquittal or retrial – The guiding principles in considering whether to order retrial

CRIMINAL LAW AND PRACTICE – Obtaining Money by false pretence – Ingredients the prosecution must establish and prove to succeed in offence of obtaining money by false pretence

CRIMINAL LAW AND PRACTICE – RESTITUTION – Meaning and nature of restitution

CRIMINAL LAW AND PRACTICE – RESTITUTION & SENTENCE – Whether an order of restitution and sentence in criminal trial amounts to double jeopardy

CRIMINAL LAW AND PRACTICE – SENTENCING – Discretion of Court over sentencing – Whether an appellate court can readily interfere with a sentence imposed by a trial court – Duty of the appellant to establish necessary conditions to warrant interference

CRIMINAL LAW AND PRACTICE – SENTENCING – Discretionary powers of court to impose lesser sentence – Need to exercise discretion judicially and judiciously – When an appellate court may interfere with exercise of discretion by the trial court

DAMAGES – General Damages – Claim for damages over negligence – What the claimant must prove to succeed in a claim/relief for damages over negligence

ELECTRICITY: Disconnection of electricity by officials of NEPA in execution of its statutory or public duty – Whether the act of disconnection qualifies as an executive or administrative action

FUNDAMENTAL RIGHTS – Denial of Right to fair Hearing – Effect of lack of fair hearing on the decision of Court

FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Fundamental Nature of Right to fair hearing – Effect of breach of fair hearing on the decision of Court

FUNDAMENTAL RIGHTS – RIGHT TO FAIR HEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal – Effect of lack of fair hearing on the decision of Court

JUDGMENT AND ORDER – RETRIAL/REHEARING – Proper order the Supreme Court should make where the Appellant’s right to fair Hearing is denied by the Court of Appeal

JUDGMENT AND ORDER – Order of restitution – Power of Court to make an order of restitution

JURISDICTION: Claim(s) for Damages against Federal Government Agency – Whether claim(s) for damages against federal government agency can be accommodated under Section 251(1) of the 1999 Constitution

JURISDICTION: Jurisdiction of the Federal High Court – Whether jurisdiction of the FHC under Section 251(1) of the 1999 Constitution extends to claims for damages against federal government agencies – Instances where claims for damages can be accommodated under Section 251(1) of the 1999 Constitution

JURISPRUDENCE – Restitution – the Jurisprudence behind restitution for victim(s) of crime

JUSTICE – Miscarriage of Justice – Presumption of miscarriage of justice where there is a denial of fair hearing – Duty of the Supreme Court to nullify proceedings

MAXIMS – Ubi Jus Ibi Remedium

NOTABLE PRONOUNCEMENT – RESTITUTION – Usefulness of Restitution – Whether separate evidence is required to order restitution

PLEADINGS – AMENDED PROCESS/NOTICE OF APPEAL – Legal effect of an amended court process – Whether the Court can rely on an amended process in subsequent proceedings

PRACTICE AND PROCEDURE: Argument – The essence of argument of counsel – whether failure or absence of an alternative or contrary submission renders an argument correct and sacrosanct

PRACTICE AND PROCEDURE: Reliefs/claims before the Court – Whether the reliefs claimed by a party must be restated in his written testimony or in the open court – What the claimant must do to succeed

STATUTES – Fatal Accidents Law of Kaduna State – Need to be brought into conformity with the provisions of the Constitution

STATUTES/TORT – Basis of a claim under Section 3 of the Kaduna State Torts Law Cap 152

TORT – Cause/Right of action in Tort – Whether death extinguishes Cause/Right of action in Tort

TORT – Duty of care – The purport and what duty of care entails

JUSTICE – Whether justice is for the accused person alone – The tripartite nature of justice

NOTABLE PRONOUNCEMENT – Retrial in Criminal trials

CRIMINAL LAW AND PRACTICE – Re-trial – Factors to be considered before making an order for re-trial

CRIMINAL LAW AND PRACTICE – Improper Arraignment – Whether Improper Arraignment in the presence of a counsel occasions miscarriage of justice

CRIMINAL LAW AND PRACTICE – Order for Re-trial – What an appellate court must consider when making an order for re-trial

CRIMINAL LAW AND PRACTICE – Double jeopardy and re-trial – Whether an order for retrial amounts to double jeopardy – What the court should consider before making an order for re-trial

COURT/CRIMINAL LAW AND PRACTICE- Power of Court – Power and Jurisdiction of court to make orders in appropriate cases

APPEAL – Grounds of Appeal – Competent and Incompetent Grounds of Appeal – Whether a single competent Ground of Appeal can sustain an appeal

APPEAL – Grounds of Appeal – Whether a single ground of law can sustain an appeal

APPEAL – LEAVE TO APPEAL – Conditions for Leave to Appeal – How to determine whether Grounds of appeal have shown good cause why the appeal should be heard

APPEAL – LEAVE TO APPEAL – What the Applicant in application for Leave to Appeal must show to succeed – Whether the conditions for grant of leave to appeal are conjunctive

APPEAL – LEAVE TO APPEAL/FILE ADDITIONAL GROUNDS OF APPEAL – Whether failure to obtain Records of Proceedings within time is a good and substantial reason/ground for extension or enlargement of time to appeal – What counsel should do when faced with the difficulty of obtaining records of proceedings

APPEAL – Notice of Appeal – Amendment of Notice of Appeal – The liberty of the Appellant to amend Notice of Appeal at any time before judgment – Readiness of the Court to exercise its discretion in favour of amendment

APPEAL – Notice of Appeal – Incompetent Notice of Appeal – Circumstances under which a Notice of Appeal can be rendered irredeemably incompetent

CONTEMPT – Right(s) of a contemnor – Whether a contemnor must be purged of his contempt to be entitled to any right/relief before the court – Exceptions to the general rule

COURT – Judicial Discretion – Discretionally powers of court to grant or refuse motion/application – Duty of court to exercise discretional powers judicially and judiciously

COURT – Supreme Court – Powers of the Supreme Court to extend or enlarge times prescribed by Section 27(4) of the SC Act for giving/filing of Notice of Appeal

PRACTICE AND PRECEDURE – Priority over Pending Motions/Applications – Need to consider application seeking to cure/amend before the application seeking to terminate

WORDS AND PHRASES – “Judicial and Judicious” – What “Judicial and judicious exercise of power” entails

ACTION – Academic cause/matter – When a cause or matter is deemed academic – Attitude of courts to academic issues

COURT – Duty of Court – Duty of Court of Appeal as an Intermediate court to consider all issues raised by parties before it

COURT – Power of the Supreme Court – Power of the Supreme Court under section 22 of the Supreme Court Act to grant reliefs denied by the trial court

ELECTORAL MATTERS – Delineation of wards and units by INEC – Importance of Wards and Units to electoral process – Duty of Independent National Electoral Commission (INEC) to properly delineate wards and units all over Nigeria

LOCUS STANDI – The renewed court approach to locus standi – Need to place interest of parties over and above the outdated technical rules of locus standi

PLEADINGS – Amended Pleadings – Whether amended pleadings still define the live issues before the court

PLEADINGS – Amendment of Pleadings – The retrospective nature of amendment – Duty of Court to deem amendment to have been inserted from the beginning

PLEADINGS – Amendment of Pleadings – Effect of amended pleadings – The supersession/superiority of amended statement of claim over writ of summons

APPEAL – Notice of Appeal – Amendment of Notice of Appeal – When and how a notice of appeal can be validly amended – Duty of the court to exercise its discretion judicially and judiciously

APPEAL – Notice of Appeal – Amendment of Notice of Appeal – When Notice of Appeal can be amended

APPEAL – Grounds of Appeal – Nature of a ground of appeal attacking misunderstanding or misapplication of law

APPEAL – Leave to appeal – The essence of leave to appeal – Need for leave to appeal be granted when it is obvious that prima facie error has been committed

APPEAL – Notice of Appeal – Validity of Notice of Appeal – Whether Notice of Appeal can be declared incompetent for containing both competent and incompetent grounds – Whether a single competent ground can sustain an appeal

PRACTICE AND PROCEDURE – Notice of Preliminary Objection – Whether a pending Notice of Preliminary Objection estops or precludes a party from taking steps to regularise a defective process

PRACTICE AND PROCEDURE – Notice of Preliminary Objection – Whether filing of Preliminary Objection estops or precludes the affected party from taking steps to regularise the defective process

ACTION – Counter Claim – The independence of a Counter Claim – Need for a counter claim to comply with the relevant laws including the applicable limitation law

ACTION – Meaning of cause of action

ACTION- Statute barred action – The effect of a statute barred action or counter-claim

CONSTITUTIONAL LAW – Constitutional timeframes – Time prescribed by the 1999 Constitution – Whether a time fixed by the Constitution for doing an act can be extended or relaxed

CONSTITUTIONAL LAW/ELECTOLAL MATTERS- Pre-election Cases – Time for filing pre-election matters – Whether the time for filing pre-election matters as stipulated in Section 285 (9) of the 1999 Constitution can relaxed or extended

CRIMINAL LAW AND PRACTICE – Limitation of Time for prosecuting Offences – The rationale behind inclusion of limitation law in criminal trials

ELECTORAL MATTERS – Time for Filing pre-election matters – When the time fixed by section 185(9) of the 1999 Constitution begins to run

ELECTORAL MATTERS – The sui generis nature of election matters – The essentiality of timelines in election matters

ELECTORAL MATTERS – Time fixed for filing of pre-election matters – Whether Section 185(9) of the 1999 Constitution has made knowledge of the Claimant a pre-condition in computation of time

JURIDICTION – Statute Barred – Whether a statute barred action can confide jurisdiction on the trial court and the appellate courts

LIMITATION LAW – Computation of Time – When time begins to run for the purpose of limitation of action

LIMITATION LAW – Computation of time stipulated by Section 285 (9) of the 1999 Constitution – When the 14 days stipulated for filing pre-election matters begins to run – Whether knowledge of the claimant has a role to play in computation of time

LIMITATION LAW – The meaning and essence of limitation law

LIMITATION LAW- The Nature, purpose and essence of limitation laws

LIMITATION LAW – Causes of Action & Statutes of Limitation – What the Court must consider to determine when cause of action accrued and whether the cause of action is statute barred

EVIDENCE – Proof beyond reasonable doubts – What proof beyond reasonable doubts entails

EVIDENCE – Material contradictions in evidence of the prosecution – Need to resolve all doubts in favour of the accused

CRIMINAL LAW AND PROCEDURE – Offence of armed robbery – Ingredients the prosecution must prove to secure conviction for the offence of armed robbery

CRIMINAL LAW AND PROCEDURE- Trial of co-accused persons – When two or more accused persons are tried on the basis of the same evidence – Duty of the court to return the same verdict regarding the co-accused person

CRIMINAL LAW AND PROCEDURE- The Role of court in criminal trial – Duty of the court to resolve all doubts arising from material contradictions or insufficient evidence to favour of the accused

CRIMINAL LAW AND PROCEDURE- Identification parade- what constitutes a valid identification parade – The motive behind identification parade

CRIMINAL LAW AND PROCEDURE- Identification parade – Effect of inadequacy of identification parade

CRIMINAL LAW AND PROCEDURE- Identification parade – Exposure of the accused before identification parade – Duty of the court to ensure that identification parade established the guilt of the accused person – Effects of an identification parade conducted after the exposure of the accused to the general public.

CRIMINAL LAW AND PROCEDURE – Identification parade- Factors to be considered by the court before placing reliance on identification evidence

CRIMINAL LAW AND PROCEDURE – Identification Parade – Duty of court to diligently follow Ikemson v. The State

CONSTITUTIONAL LAW/ EVIDENCE – Presumption of innocence – Whether it is the duty of the accused person to prove his innocence

APPEAL – Concurrent findings of facts – Attitude of Supreme Court to Concurrent findings of facts – Instances where the Supreme Court may interfere with concurrent findings – Arduous task of the appellant