LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Law Need Not Be Pleaded
PRINCIPLE STATEMENT
It is not the law of pleadings that laws must be pleaded before a party can rely on them. While some specific laws (like limitation statutes) should be pleaded, pleadings essentially contain facts, not laws.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Okoebor v. Police Council & Ors (2003) NLC-331999(SC) at p. 18; Paras A–C.
"It is not the law of pleadings that laws must be pleaded before a party can rely on them. While the law of pleadings requires that some specific laws should be pleaded (e.g. statutory defence like the Limitation Statute), it is not the province of the law of pleadings, that any law to be relied upon by a party must be pleaded. As a matter of law, pleadings essentially contain facts relied upon by the parties and they are stated positively, precisely, distinctly and briefly."
EXPLANATION / SCOPE
Facts must be pleaded; laws need not be. The principle applies to civil procedure. Statutory defences like limitation are exceptions. The rule promotes efficient pleading. The court will apply the relevant law regardless of whether it is pleaded. The principle is well-established.