Principles – Page 96 – Nigerian LawCompass

5785 Principles 53 Areas of Law 26 Years Covered

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EVIDENCE LAW — Standard of Proof — Civil Claims with Incidental Criminal Allegations — Test for Application of Criminal Standard

ASESA v. Ekwenem (2009) NLC-123-174-2002(SC)

Evidence Law Supreme Court

Where a Plaintiff makes an allegation of crime in his pleadings but nevertheless can succeed in his claim without proving the crime, it cannot be said…

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EVIDENCE LAW — Burden and Standard of Proof — Standard of Proof in Civil Cases with Criminal Elements — When Section 138(1) of the Evidence Act Applies

ASESA v. Ekwenem (2009) NLC-123-174-2002(SC)

Evidence Law Supreme Court

If the commission of a crime by a party to any proceeding is directly in issue in any proceeding, civil or criminal, it must be proved…

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CRIMINAL PROCEDURE — Confessional Evidence — Retracted Confession — Admissibility

Tanko v. State (2009) NLC-123-53-2008(SC)

Criminal Procedure Supreme Court

The fact of retraction of a confession does not make it evidence upon which the court cannot act.

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APPELLATE PRACTICE — Supreme Court Precedent — Conditions for Overruling Previous Decision

Tanko v. State (2009) NLC-123-53-2008(SC)

Appellate Practice Supreme Court

To guard against instability crippling into the corpus of our laws; the following conditions must be seen to be present in the previous judgment sought to…

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CRIMINAL LAW — Sentencing — Mandatory Death Sentence — No Judicial Discretion to Reduce

Tanko v. State (2009) NLC-123-53-2008(SC)

Criminal Law Supreme Court

In a charge, like the one at hand, where the sentence prescribed is 'DEATH' only it is not within the competence of a trial judge to…

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CRIMINAL PROCEDURE — Prosecution — Authority to Prosecute State Offences — Attorney-General of State

Tanko v. State (2009) NLC-123-53-2008(SC)

Criminal Procedure Supreme Court

Not only does a State High Court have the jurisdiction to try cases relating to armed robbery, the officials of the Ministry of Justice of a…

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CONSTITUTIONAL LAW — Legislative Competence — Residual Matters — Offence of Armed Robbery as State Offence

Tanko v. State (2009) NLC-123-53-2008(SC)

Constitutional Law Supreme Court

The offence of armed robbery is neither in the Exclusive list or the Concurrent list. It therefore can be at no other place other than the…

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COMPANY LAW — Application of CAMA — Foreign Company — Whether Foreign Company Bound by Section 417 of CAMA

Agro Allied Development Ent. Ltd v. MV Northern Reefer & Ors (2009) NLC-123-268-2002(SC)

Company Law Supreme Court

It is my considered view that the 3rd defendant being a foreign company, as it is not a Nigerian company as defined in section 650 of…

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COMPANY LAW — Winding Up — Meaning of “Court” under Section 417 of CAMA — Federal High Court

Agro Allied Development Ent. Ltd v. MV Northern Reefer & Ors (2009) NLC-123-268-2002(SC)

Company Law Supreme Court

It is however, very clear from the decision of this court in the case of FMBN v. NDIC (1999) 2 NWLR (Pt.591) 333 at 365 and…

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COMPANY LAW — Winding Up — Leave to Proceed with Action — Whether Company in Liquidation Requires Leave to Commence or Continue Action Against Another Party

Agro Allied Development Ent. Ltd v. MV Northern Reefer & Ors (2009) NLC-123-268-2002(SC)

Company Law Supreme Court

It is very clear from the above provision that the party to seek and obtain the leave of the court before proceeding with or commencing an…

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CUSTOMARY LAW — Family Land Partition — Uncontradicted Evidence of Partition

Yesufu v. Adama (2010) NLC-123-186-2003(SC)

Customary Law Supreme Court

The simple question before this court is whether or not there was sufficient evidence before the trial court to enable it conclude that there was indeed…

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APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court

Yesufu v. Adama (2010) NLC-123-186-2003(SC)

Appellate Practice Supreme Court

The court of appeal confirmed the finding that there was a valid partition. Thus, it is a concurrent finding of facts and this court will not…

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