Standard
CRIMINAL LAW — Defences — Insanity — Burden of Proof
Ani v. State (2002) NLC-3152001(SC)
Where an accused pleads insanity, the onus is on him to produce evidence of insanity.
5827
Principles
53
Areas of Law
26
Years Covered
Standard
CIVIL PROCEDURE — Fair Hearing — Right to Cross-Examination — Effect of Voluntary Absence from Trial
Jonason Triangles Ltd. v. Charles Moh & Partners Ltd. (2002) NLC-1561999(SC)
Parties who voluntarily opt out of trial despite adequate notice of the hearing date cannot complain of denial of the right to cross-examine; there can be…
Standard
CIVIL PROCEDURE — Fair Hearing — Notice of Hearing — Statement of Claim as Adequate Notice
Jonason Triangles Ltd. v. Charles Moh & Partners Ltd. (2002) NLC-1561999(SC)
There is no better notice of the case the respondent intended to make at trial than his statement of claim; service of the writ and statement…
Standard
 APPELLATE PRACTICE — Discretion of Trial Judge — Exercise to Facilitate Hearing — Appellate Interference
Jonason Triangles Ltd. v. Charles Moh & Partners Ltd. (2002) NLC-1561999(SC)
A Court of Appeal ought to be very slow indeed to interfere with the discretion of a trial Judge, especially when exercised to facilitate the hearing…
Standard
APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court — Conditions for Interference
Jonason Triangles Ltd. v. Charles Moh & Partners Ltd. (2002) NLC-1561999(SC)
Where concurrent findings of the two courts are unimpeachable and no special circumstances have been shown that the findings are impeachable, the Supreme Court will not…
Standard
EVIDENCE LAW — Presumptions — Regularity of Judicial Acts — Presumption of Compliance with Formal Requisites
Akpan v. State (2002) NLC-2092000(SC)
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…
Standard
EVIDENCE LAW — Identification Evidence — Recognition — Weight of Evidence of Witness Who Knew Accused Before Incident
Akpan v. State (2002) NLC-2092000(SC)
Recognition evidence from a witness who knew the accused before the incident is stronger than identification of a stranger; the witness's prior knowledge adds weight to…
Standard
CRIMINAL PROCEDURE — Arraignment — Requirements for Valid Arraignment — Non-Recording of Satisfaction Does Not Invalidate Trial
 Akpan v. State (2002) NLC-2092000(SC)
It is sufficient if on the face of the record it is clear that the charge was explained to the accused before he pleaded; failure to…
Standard
CRIMINAL LAW — Joint Trial — Acquittal of One Accused — Effect on Co-Accused Where Evidence Not Identical
Akpan v. State (2002) NLC-2092000(SC)
Where the evidence against co-accused is in all material respects the same, a doubt resolved in favour of one must be resolved in favour of the…
Standard
CRIMINAL LAW — Defence — Alibi — Sufficiency of Particulars Required to Put Police on Inquiry
Akpan v. State (2002) NLC-2092000(SC)
The accused has the onus to disclose alibi facts with necessary details and particulars at the earliest opportunity to put the burden on the police to…
Standard
APPELLATE PRACTICE — Concurrent Findings — Supreme Court Practice — Disturbance of Concurrent Findings
Akpan v. State (2002) NLC-2092000(SC)
The Supreme Court will not disturb concurrent findings of the trial High Court and the Court of Appeal unless they are perverse or there is a…
Standard
CIVIL PROCEDURE — Representative Actions — Substitution of Parties — Court’s Power to Substitute Representative Plaintiff
Okoli & Ors v. Surveyor-General Anambra State (2002) NLC-571997(SC)
If the representative plaintiff falls out for any reason, the court has power to add or substitute any person represented though unnamed in the representative action…