Principles – Page 186 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Damages — Interest on Judgment Debt — Applicability of Judgments Act 1838

Daniel Holdings Ltd v. United Bank for Africa Plc (2005) NLC-102001(SC)

Civil Procedure Supreme Court

Every judgment debt shall carry interest at the rate of four pounds per centum per annum, from the time of entering up the judgment until the…

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EVIDENCE LAW — Identification Evidence — Recognition — Identification by Recognition Where Accused Previously Known to Witness

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Evidence Law Supreme Court

PW1 and PW2 had known the 1st appellant before 1/6/97 as they lived with him in the same neighbourhood.

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EVIDENCE LAW — Documentary Evidence — Record of Proceedings — Record of Proceedings Binding on Parties and Court Unless Impeached

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Evidence Law Supreme Court

The record of proceedings not having been formally impeached, it is not open to this court to speculate that other things happened in the court of…

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EVIDENCE LAW — Circumstantial Evidence — Two Possible Interpretations — Interpretation Favourable to Accused Must Prevail

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Evidence Law Supreme Court

When circumstantial evidence is capable of two possible interpretations, one against and the other in favour of the accused, then in that circumstance, there has been…

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CRIMINAL LAW — Defences — Alibi — False Denial of Participation — Lies Not Constituting Proof of Guilt

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Criminal Law Supreme Court

Although a man may lie because he is guilty, he may just as well lie because he is stupid or afraid or both, whether he is…

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EVIDENCE LAW — Circumstantial Evidence — Standard Required for Conviction — Evidence Must Be Cogent, Complete and Unequivocal

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Evidence Law Supreme Court

Circumstantial evidence to support a conviction, especially for murder, must be cogent, complete and unequivocal. It must lead to the irresistible conclusion that the prisoner and…

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CRIMINAL LAW — Proof Beyond Reasonable Doubt — Lies Told by Accused — Lies Insufficient to Relieve Prosecution of Burden

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Criminal Law Supreme Court

It has never been the law that the mere fact that a person told lies is by itself sufficient to convict him of an offence unconnected…

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APPELLATE PRACTICE — Review of Decision — Appellate Court May Affirm Correct Decision Despite Wrong Reasons

A. I. C. Limited v. NNPC (2005) NLC-2372001(SC)

Appellate Practice Supreme Court

An appellate court will not set aside a lower court's decision that is right and just merely because the lower court gave wrong reasons. The paramount…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Record of Proceedings — Presumption of Regularity Where Interpreter Recorded at Commencement of Trial

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

Where the record shows that the charge was read and explained to the appellants before they pleaded, that is sufficient recording to show that an interpreter…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Breach of Section 36(7) Distinguished from Breach of Section 36(6)(e)

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

The breach of section 36(7) of the Constitution alone is not sufficient to vitiate the trial. Every case will be decided on its particular facts. Breach…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Record of Proceedings — Impeachment of Record Required Before Alleging Omissions

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

Any person contending that the record of proceedings before an appellate court is not a fair record of what happened at the court of first instance…

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CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Record of Proceedings — Constitutional Duty to Keep Record under Section 36(7)

Ogidi & Ors v. State (2005) NLC-2032003(SC)

Constitutional Law Supreme Court

Record of proceedings is the only indication of what took place in a court; it is not like minutes of a meeting; it is always the…

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