Principles – Page 155 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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APPELLATE PRACTICE — Grounds of Appeal — Grounds Not Argued Are Deemed Abandoned

Akinlagun & Anor v. Oshoboja & Ors (2006) NLC-123-367-2002(SC)

Appellate Practice Supreme Court

Where no issue is raised in respect of a ground of appeal, the ground of appeal is deemed abandoned and should be struck out.

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EVIDENCE LAW — Confessional Evidence — Evidence of Co-Accused — Admissibility Against Co-Accused

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Evidence Law Supreme Court

A statement made by an accused to the police is admissible only against the maker. But where the accused goes into the witness box and repeats…

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CRIMINAL PROCEDURE — Charge — Amendment of Charge — Presumption of Regularity of Judicial Acts

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Criminal Procedure Supreme Court

When any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that formal requisites for its validity…

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CRIMINAL LAW — Joint Enterprise — Common Intention — Criminal Liability for Probable Consequence

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Criminal Law Supreme Court

If, in the course of executing an unlawful common purpose of armed robbery, the gunshot of one kills a victim, each accused is deemed to have…

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EVIDENCE LAW — Wrongful Admission of Evidence — Test for Reversal of Decision — Application of Section 227(1) Evidence Act

Archibong v. State (2006) NLC-123-253-2003(SC)

Evidence Law Supreme Court

The wrongful admission of evidence shall not of itself be a ground for reversal where it appears that the evidence admitted cannot reasonably be held to…

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APPELLATE PRACTICE — Leave to Appeal — Grounds of Law Alone — Right of Appeal in Death Sentence Cases

Oyakhire v. State (2006) NLC-123-188-2005(SC)

Appellate Practice Supreme Court

Where an appellant's right to appeal as of right on any issue is founded on the Constitution, he does not need leave to raise it. The…

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EVIDENCE LAW — Circumstantial Evidence — Standard Required to Ground Conviction for Murder

Archibong v. State (2006) NLC-123-253-2003(SC)

Evidence Law Supreme Court

In using circumstantial evidence to determine guilt, it must be shown by credible evidence that there are a number of co-existing circumstances accepted by credible evidence,…

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CRIMINAL LAW — Doctrine of Last Seen — Presumption Arising Where Deceased Last Seen Alive with Accused

Archibong v. State (2006) NLC-123-253-2003(SC)

Criminal Law Supreme Court

The law presumes that the person last seen with the deceased bears full responsibility for his or her death if the deceased turns out dead. It…

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CIVIL PROCEDURE — Jurisdiction — Competence of Court Defined by Three Conditions

Arewa Paper Converters Ltd v. N.I.D.C. (Nig. Universal Bank Ltd) (2006) NLC-123-135-2003(SC)

Civil Procedure Supreme Court

A court is competent to entertain a matter if: (a) properly constituted; (b) subject matter is within its jurisdiction; and (c) the case is initiated by…

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CRIMINAL LAW — Identification Evidence — When Identification Parade Is Unnecessary — Recognition by Witnesses Prior to Incident

Archibong v. State (2006) NLC-123-253-2003(SC)

Criminal Law Supreme Court

It is not in every case that an identification parade becomes necessary. The present case was not one of mistaken identity but recognition of persons already…

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CRIMINAL LAW — Defences — Alibi — Effect of Accused Being Fixed at Scene of Crime at Material Time

Archibong v. State (2006) NLC-123-253-2003(SC)

Criminal Law Supreme Court

If the prosecution adduces sufficient and accepted evidence to fix an accused person at the scene of crime at the material time, his alibi is thereby…

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APPELLATE PRACTICE — Concurrent Findings — Attitude of Supreme Court to Concurrent Findings of Fact

Archibong v. State (2006) NLC-123-253-2003(SC)

Appellate Practice Supreme Court

The Supreme Court will ordinarily not interfere with concurrent findings of fact made by both the trial and the appeal courts unless in exceptional circumstances, such…

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