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2022-LCER-SC

2022 CASES & PRINCIPLES


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

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 – 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