Standard
CIVIL PROCEDURE — Pleadings — Equitable Defences — Necessity of Full and Particularised Pleading
Iso & Ors v. Eno (2003) NLC-1701999(SC)
All equitable defences must be pleaded fully and with due particularity.
5827
Principles
53
Areas of Law
26
Years Covered
Standard
APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — When Justified
Iso & Ors v. Eno (2003) NLC-1701999(SC)
There are concurrent findings of fact in the decisions of both the trial court and the Court of Appeal. The Supreme Court will not interfere unless…
Standard
MILITARY LAW — Disobedience to Standing Order — Proof of Engagement in Business — Form C07 Alone Insufficient
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
To establish that a service member was engaged in any other trade or profession while still in service, there must be credible evidence other than what…
Standard
MILITARY LAW — Court Martial — Judicial Notice — Matters Within General Service Knowledge
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
Courts Martial are specially authorised to take notice of all matters within their general service knowledge. Evidence need not be given as to relative ranks, general…
Standard
MILITARY LAW — Court Martial — Convening of General Court Martial — Delegation of Power — Section 286 of Armed Forces Decree 1993
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
Under section 286 of the Armed Forces Decree 1993, an instrument signifying an order and purporting to be signed by an officer authorised shall be accepted…
Standard
MILITARY LAW — Court Martial — Convening of General Court Martial — Authority of Service Chief to Delegate
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
The senior officer of a detached unit, establishment or squadron may be authorised by the appropriate superior authority to order a Court Martial in special circumstances.
Standard
EVIDENCE LAW — Presumptions — Section 149(d) of Evidence Act — Withholding of Evidence Distinguished from Failure to Call Particular Witness
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
Section 149(d) provides for evidence, not witness. The prosecution has the liberty to pick witnesses and not be foisted with any particular witness. As long as…
Standard
EVIDENCE LAW — Burden of Proof — Criminal Trial — Prosecution Not Obliged to Call Particular Witness
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
If the evidence of a witness is very essential to the defence of the accused, it is for the accused to call him. The prosecution is…
Standard
CRIMINAL LAW — Forgery — Proof of — Knowledge of Forgery Sufficient Under Section 112(a) of Armed Forces Decree
Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC)
Under Section 112(a) of the Armed Forces Decree, knowledge on the part of the accused that the document was a forged one is enough to ground…
Standard
EVIDENCE LAW — Burden of Proof — Civil Cases — Applicant for Interlocutory Injunction
Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC)
The burden of proof in respect of granting an interlocutory injunction is on the applicant. This is because the applicant is the person that the judgment…
Standard
CONSTITUTIONAL LAW — Electoral Act — Section 138 — Constitutionality — Transitional Provision Not Unconstitutional
Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC)
Section 138 of the Electoral Act is a transitional or transient provision designed to take care of a contingency which will definitely phase out on the…
Standard
CIVIL PROCEDURE — Interlocutory Injunction — Balance of Convenience — Effect of Elaborate Preparations and Foreign Invitations
Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC)
Where elaborate arrangements including invitations to foreign dignitaries have been made for an event, the balance of convenience does not favour granting an injunction to suspend…