LEGAL PRINCIPLE: CIVIL PROCEDURE — Pleadings — Pleading of Law — Facts Must Be Stated, Not Conclusions of Law
PRINCIPLE STATEMENT
The rule is that every pleading must state facts and not law. A plaintiff who wishes to prove that a particular law applies must state the facts that make the law applicable, not plead conclusions of law.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Udegbunam v. FCDA & Ors (2003) NLC-811999(SC) at p. 9; Paras A–C.
"The rule is that every pleading must state facts and not law. So that a plaintiff who wishes to prove at the trial that a particular law applies to his case must state the facts which make the law applicable and will not be allowed to plead conclusions of law as was the case here."
EXPLANATION / SCOPE
Pleadings must contain facts, not legal conclusions. The principle applies to civil procedure. The opposing party is entitled to know the facts, not the legal arguments. The rule ensures fair notice. The court will apply the relevant law to the facts pleaded. The principle is fundamental.