Legal Principles – Nigerian LawCompass

Evidence Law Important

EVIDENCE LAW-Fraudulent Misrepresentation – Definition of Fraud

"Fraud does not here mean deceit or circumvention; it means an unconscientious use of the power arising out of these circumstances and conditions; and when the relative position of the...

Evidence Law Important

EVIDENCE LAW – Fraudulent Misrepresentation – Essential Ingredients

"First, the representation must be a statement of existing fact. Secondly, the representation must be material and unambiguous. Thirdly, the representee must show that he has acted in reliance on...

Evidence Law Important

EVIDENCE LAW – Corroboration – Statements Made to Police in Course of Investigation – Use of Such Statements

"Exhibits A, B and C which were mere statements by PW1 to the Police in the course of investigation, cannot in law, corroborate the oral evidence of PW1. I believe...

Evidence Law Important

EVIDENCE LAW – Confessional Statements – Sufficiency of Confession to Warrant Conviction

"A voluntary confession of guilt by a prisoner is sufficient to warrant conviction without corroborative evidence if it is direct, positive, duly made and satisfactorily proved. It is however desirable...

Evidence Law Important

EVIDENCE LAW – Confessional Statements – Retracted Confession – Duty of Accused Person Seeking to Impeach Confessional Statement

"An accused person who wants to resile from or retract his earlier confessional statement which he made extra-judiciously to the police, such a statement is not rendered inadmissible by the...

Evidence Law Important

EVIDENCE LAW – Confessional Statements – Retracted Confession – Duty of Trial Judge When Confession Is Retracted

"Where the extra-judicial statement in the nature of a confession is subsequently denied or retracted by an accused person (as is usually and mostly the case) in his evidence before...

Evidence Law Important

EVIDENCE LAW – Confessional Statements – Retracted Confession – Conviction on Retracted Confession Alone

"A confession is, by virtue of section 27(1) of the Evidence Act an admission made at any time by a person charged with a crime stating or suggesting that he...

Evidence Law Important

EVIDENCE LAW – Identification – Findings of Fact by Trial Court – When Appellate Court Will Not Interfere

"At the trial, [the appellant] did not contest that PW1 knew him very well and could identify him any time of the day. The question of identification is an issue...

Evidence Law Important

EVIDENCE LAW – Tainted Witness – Definition – Accomplice or Person with Purpose to Serve

"We think it is proper to confine this category of witness (i.e. 'tainted') to one who is either an 'accomplice' or, by the evidence he gives, (whether as witness for...

Evidence Law Important

EVIDENCE LAW – Identification – Quality of Identification Evidence – Test Laid Down in Turnbull’s Case

"The evidence available in this case met the standard laid down in such cases as Turnbull v. The Queen (1976) 63 Criminal Appeal Reports 132 at p. 137, State v....

Evidence Law Important

EVIDENCE LAW – Confessional Statement – Retracted Confession – Conviction Solely on Confession

"It is well settled that an accused can be convicted on his confession statement which is consistent with other ascertained facts which had been proved. A confession statement does not...

Evidence Law Important

EVIDENCE LAW – Confessional Statement – Wrongful Admission – Effect under Section 227(1) of Evidence Act

"The wrongful admission of evidence shall not of itself be a ground for the reversal of any decision in any case, where it shall appear to the court on appeal...