Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW — Proof of Public Documents — Judgment as Conclusive Proof

"Only the judgment given by a court can be relied upon as the conclusive proof of the matters decided between parties to a case. See section 54 of the Evidence...

Evidence Law Important

EVIDENCE LAW — Estoppel — State Not Estopped from Challenging Statute by Acts of Its Representatives in National Assembly

"It is true that the members of the National Assembly have been elected to the Assembly as members but they cannot be described as members of all the states because...

Evidence Law Important

EVIDENCE LAW — Affidavit Evidence — Legal Arguments and Conclusions Inadmissible in Affidavits

"An affidavit shall not contain extraneous matter, by way of objection, or prayer, or legal argument or conclusion. … the depositions in the paragraphs of the affidavit in question have...

Evidence Law Important

EVIDENCE LAW — Admissibility of Evidence — Wrongful Admission of Evidence — Effect on Judgment

"It is also the law… that even where inadmissible evidence is admitted, the trial Judge or an appellate court should reject the evidence and after expunging such evidence shall consider...

Evidence Law Important

EVIDENCE LAW — Admissibility of Evidence — Categories of Inadmissible Evidence — Absolute vs. Conditional Inadmissibility

"But in this connection, it must be borne in mind that there are two categories of inadmissible evidence. Evidence that is absolutely inadmissible in law which is not within the...

Evidence Law Important

EVIDENCE LAW — Uncontradicted Evidence — Court Must Accord Credibility to Uncontradicted Evidence Not Inherently Incredible

"It is now settled law that where an evidence is given by a party and is not contradicted by the other party who has the opportunity to do so, and...

Evidence Law Important

EVIDENCE LAW — Evaluation of Evidence — Primary Function of Trial Court Not to Be Disturbed on Appeal Absent Improper Evaluation

"The law is settled that evaluation of evidence is primarily the function of the trial Judge. Interference by an appellate court could only occur where and when he fails to...

Evidence Law Important

EVIDENCE LAW — Proof of Public Documents — Judgment as Conclusive Proof

EVIDENCE LAW — Estoppel — State Not Estopped from Challenging Statute by Acts of Its Representatives in National Assembly

EVIDENCE LAW — Affidavit Evidence — Legal Arguments and Conclusions Inadmissible in Affidavits

EVIDENCE LAW — Admissibility of Evidence — Wrongful Admission of Evidence — Effect on Judgment

EVIDENCE LAW — Admissibility of Evidence — Categories of Inadmissible Evidence — Absolute vs. Conditional Inadmissibility

EVIDENCE LAW — Uncontradicted Evidence — Court Must Accord Credibility to Uncontradicted Evidence Not Inherently Incredible

EVIDENCE LAW — Evaluation of Evidence — Primary Function of Trial Court Not to Be Disturbed on Appeal Absent Improper Evaluation

EVIDENCE LAW — Proof of Evidence — Quality of Evidence Prevails Over Quantity

EVIDENCE LAW — Customary Law — Proof of Customary Law Does Not Require Corroboration

EVIDENCE LAW — Contradictions in Evidence — Only Material Contradictions That Affect Live Issues Are Fatal

EVIDENCE LAW — Documentary Evidence — Oral Evidence Cannot Vary Contents of a Document

EVIDENCE LAW – Burden of Proof – Distinction Between Legal Burden and Evidential Burden