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“Fundamentally, there are some basic attributes of fair hearing: (i) That the Court shall accord hearing to both sides in regard to all material issues or points in the case before reaching a decision which may be prejudicial to any of the parties thereon: SHELDON VS BROMFIEL JUSTICES (1964) 2 QB 573 @ 578; (ii) […]

“I posit most humbly that the Lower Court (Court of Appeal) rightly found that the Appeal before it bordered on the import of Sections 270 and 287 of 1999 Constitution of Federal Republic of Nigeria (reproduced above) as well as Order 24 Rules (2) (4) of the High Court Civil Procedure Rules of Oyo State. […]

“…Also that a Court of law is not confined to only the legal authorities cited to it by counsel nor does the Court need to give counsel notice of the authorities or law it intends to use. I agree that in keeping with Section 74(1) of the Evidence Act which provides thus:- “The Court shall […]

“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 […]

“The appellant insists that evidence to sustain the charge for rape punishable under Section 283 of the Penal Code does not abound and that both Courts have erred in their findings to the contrary. I disagree. Appellant has failed to demonstrate that the concurrent findings of the two Courts pertaining his guilt are perverse. Accordingly, […]

“… The appellant had sought to impugn the evidence gotten through PW2, PW4 as they are relations of PW4, the prosecutrix. The Supreme Court on the subject matter concerning what the Court should do with tainted witnesses or evidence of witnesses who are related. Thus, in Akalonu v. The State (2002) FWLR (Pt. 114) 536, […]

“The issue the appeal raises, the question of the jurisdiction of the Federal High Court over matters of simple contracts, has long been settled. Simply put, Section 251 of the 1999 Constitution as amended which prescribes the jurisdiction of the Court does not cover simple contract and or negligence emanating from such a contract that forms the subject matter […]

“Once again I have to repeat that though the respondent is an Agency of the Federal Government by virtue of which it is subject to the jurisdiction of the Federal High Court in appropriate cases, that fact alone is not enough to confer jurisdiction on the Federal High Court in all cases. In addition to […]

It is settled law that the question of jurisdiction is fundamental and crucial to adjudication and that the very fact of its absence automatically results in a nullity of proceedings no matter how well conducted. It is for the above reasons that it is further settled law that when raised in a proceeding, it must […]

“It is settled law, that Courts including this apex Court have the power under Section 218 of the Criminal Procedure Code to convict an accused person or appellant of a lesser offence for which he was neither charged nor pleaded to. See Sgt Desmond Ezeja vs The State (2008) 10 NWLR (pt 1095) 513; Adeyeye […]

“The essence or purpose of corroboration is not to give validity or credence to evidence which is deficient or suspect or incredible but only to confirm and support that which as evidence is sufficient and credible. What corroboration does in effect is to give support or strength to the assertion of the prosecution. Therefore in […]

“The appellant founded his position on Section 209 of the Evidence Act which he contended was not complied with. The Section 209(1) provides thus:- “In any proceeding in which a child who has not attained the age of 14 years is tendered as a witness such child shall not be sworn and shall give evidence […]

“… I agree, as submitted by the appellant’s counsel, that the corroborating evidence must be an independent piece of evidence which connects the accused person to the alleged offence. It is a piece of evidence that implicates him and thus confirms in some material particular that not only was an offence committed, but also that […]

“These days lawyers, in their bid to make the required number of appearances at the appellate Courts entitling them to apply for the conferment of the privilege of the rank of Senior Advocate, have resorted to bothering this Court with most trivial cases. This case appears to be of these trivials. Notwithstanding the concurrent findings […]

“Indeed, the findings and conclusions of the two Courts below are unassailable and this Court has no business to interfere. See Oguntayo v. Adelaja (2009) All FWLR (Pt. 495) 1626, (2009) 15 NWLR (Pt. 1163) 150 ratio 163; Osuagwu v. The State (2013) All FWLR (Pt. 672) 1605, (2013) 5 NWLR (Pt. 1349) 381 – […]

“Grounds 2 and 3 question the competence of the grounds of Appeal. Without a doubt, they are grounds of law. These grounds are competent without leave. See Section 241 (1} (b) of the Constitution. The Court below had jurisdiction to hear and determine the Appeal.” Per RHODES-VIVOUR, J.S.C. in FRANCIS IKENE ITOK v. OBONG FRIDAY […]

“In the Appellant’s Amended Brief of argument, a single issue was distilled for the determination of the appeal arising from Ground 1 of the Notice of Appeal. In effect, Grounds 2 and 3, which attack the ratio decidendi of the decision of the Court below, and in respect of which no issue was formulated, are […]

“The Appellant, citing the principle set out in EKPO v. THE STATE (1982) NSCC 146 at 155, had argued “that the learned trial Judge erred in the principle by not taking into consideration the fact that the Appellant is a young first offender and ought to have exercised his discretion in imposing a minimal sentence […]

“On the issue of the sentences, I agree with the learned counsel for the Respondent that the imposition of sentence on the Appellant was purely a matter of discretion. The Law is settled that the discretion of a Court must at all times be exercised not only judicially, but also judiciously on sufficient materials. See […]

“The question now is whether the Appellant used force against PW 1. PW 1 at page 172 of the Record of this appeal testified as follows:- “I went close to him and he grabbed me and told me that if I shout that Mopol is to kill and go. When I was scared to shout, […]