COURT – DUTY OF COURT – Whether a court of law has the legal duty to confine itself only to authorities cited by the parties

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“It is to be said loud and clear that a Court of law has no legal duty to confine itself only to authorities cited by parties. It can, in an effort to improve its Judgment rely on authorities not cited by parties. The Court is also under no duty to give notice to the parties that it intends to use a particular book or authority. See: Section 74(1) (a) Evidence Act 2004 which provides “The Court shall take judicial notice of the following facts – (a) all laws or enactments and any subsidiary legislation made thereunder having the force of law now heretofore in force, or hereafter to be in force, in any part of Nigeria.” Section 74 (1) (a) of Evidence Act 2004 is now Section 122 (2) (a) of Evidence Act 2011.” Per PETER-ODILI, JSC inADEGBANKE v. OJELABI & ORS (2021-LCER-40456-SC) (Pp 22 – 22 Paras B – E)

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