Legal Principles – Nigerian LawCompass

Civil Procedure Important

CIVIL PROCEDURE – Fair Hearing – Failure to Give Notice of Proceedings – Effect

"Failure to give notice of proceedings to an opposing party in a case where service of process is required is a fundamental omission which renders such proceedings void because the...

Appellate Practice Important

APPELLATE PRACTICE – Fair Hearing – Hearing of Appeal on Date Fixed for a Motion Without Notice to Parties – Nullity

"It is thus clear that the court below, with respect, was in definite error to have heard the appeal in the present proceedings on a date specifically fixed for the...

Appellate Practice Important

APPELLATE PRACTICE – Hearing of Appeal – Hearing of Substantive Appeal on Date Fixed for Motion – Effect

"…the hearing of the appeal on 18/1/94 when no process was served on the appellants showing that the appeal had been fixed for hearing on that day is a fundamental...

Evidence Law Important

EVIDENCE LAW – Contradictions – Conflict Between Oral Evidence and Medical Evidence – Duty of Court

"The contradictions, which bring out the conflict between the assertions of the prosecution witnesses and Exhibit 'E' as to the cause of death were too serious to be ignored that...

Evidence Law Important

EVIDENCE LAW – Medical Reports – Admissibility of Post-Mortem Report When Doctor Is Unavailable

"A medical officer in the service of a state for purposes of undertaking a post-mortem examination is a pathologist and his report is a certificate as envisaged in section 42(1)(a)...

Criminal Law Important

CRIMINAL LAW – Duty of Prosecution – Calling of Material Witnesses

"It is trite that the prosecution has a duty to place before the court all available relevant evidence. This does not mean that a whole host of witness must be...

Appellate Practice Important

APPELLATE PRACTICE – Interference with Findings of Fact – When Appellate Court May Interfere

"Appellate courts ought not to interfere with findings of fact of trial courts which had the unique opportunity of seeing and hearing the witnesses give evidence and observing their demeanour...

Appellate Practice Important

APPELLATE PRACTICE – Failure to Decide an Issue – Effect on Validity of Proceedings

"The general rule is that a court has a duty to pronounce on all material issues raised before it. But the result of a court of appeal not complying with...

Professional Ethics Important

PROFESSIONAL ETHICS – Bias – Waiver of Right to Object

"The right to challenge or impugn proceedings of any court or tribunal which was tainted by the adjudicator being disqualified by interest or likelihood of bias may be lost by...

Professional Ethics Important

PROFESSIONAL ETHICS – Bias – Standard of Proof Required

"To succeed in establishing bias, the party complaining must show: (i) that the personal relation is a party to the action; (ii) that the personal relation must have interest in...

Professional Ethics Important

PROFESSIONAL ETHICS – Bias – Interpretation of Legislation by Judge Related to Executive Officer

"It is plain to me, and I agree with the minority judgment of the court below that the serious misconception in the argument of learned counsel for the respondent is...

Professional Ethics Important

PROFESSIONAL ETHICS – Bias – Real Likelihood of Bias – Governor’s Spouse Interpreting Legislation Signed by Governor

"I cannot conceive of a real likelihood of bias on the part of the Honourable Justice Ige in this matter when, as a part of her official duty, she was...