Legal Principles – Nigerian LawCompass

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Judge Deciding on Evidence Heard by Another Judge — Infringement of Fair Hearing Principle

"It is unlawful and incompetent for one Judge to decide on the evidence heard by another Judge. For that to happen is an infringement of the principle that justice must...

Criminal Law Important

CRIMINAL LAW — Rape — Proof of Penetration — Requirement of Evidence Linking Accused to Penetration

"Whether the prosecutrix was a minor or an adult there must first be proof of penetration and that penetration of the vagina must be linked with the appellant. There was...

Criminal Law Important

CRIMINAL LAW — Attempted Rape — Removal of Victim’s Pant Without More — Whether Constitutes Attempted Rape

"In any event, the removal of the pant of the prosecutrix without more will not suffice to prove attempted rape. In R. v. Offiong 3 WACA 83 there was evidence...

Criminal Law Important

CRIMINAL LAW — Attempt — Conviction for Attempt Where Full Offence Not Proved — Propriety of

"Returning to the question whether an accused person can be convicted of an attempt to commit an offence which the prosecution has failed to prove to be an offence, the...

Criminal Law Important

CRIMINAL LAW — Attempt — Necessity of Crossing the Rubicon — Offender Must Have Done All Needed to Complete Act

"There must be such evidence as would show that the offender must have crossed the Rubicon and burnt his boats. This statement, if I may explain further, only means that...

Criminal Law Important

CRIMINAL LAW — Attempt — Test for Determining Attempt — Acts Must Unequivocally Indicate Intended Offence

"The prosecution must prove that the steps taken by the accused must have reached the point when they indicate beyond reasonable doubt what was the end to which they were...

Criminal Law Important

CRIMINAL LAW — Attempt — Proximity Requirement — Acts Must Be Immediately Connected with Offence

"To constitute an attempt the act must be immediately connected with the commission of the particular offence charged and must be something more than mere preparation for the commission of...

Criminal Law Important

CRIMINAL LAW — Attempt — Definition — Requirements for Constituting Attempt

"If a person intends to commit an offence, and in the process of putting his intention into execution by means he has adopted to its fulfillment, and thereby manifests his...

Evidence Law Important

EVIDENCE LAW — Standard of Proof — Proof Beyond Reasonable Doubt — Meaning

"Proof beyond reasonable doubt means no more than what it says and needs not attain the degree of absolute certainty although it must attain a high degree of probability. That...

Evidence Law Important

EVIDENCE LAW — Contradictions in Prosecution Evidence — Materiality Test

"It is not in all cases where there are discrepancies or contradictions in the case of the prosecution that an accused person will be entitled to an acquittal. It is...

Evidence Law Important

EVIDENCE LAW — Burden of Proof — Suspicion Insufficient for Conviction

"It is now trite that suspicion, however strong, will not amount to proof. To establish a charge of murder or manslaughter it must be proved not merely that the act...

Criminal Law Important

CRIMINAL PROCEDURE — Alternative Conviction — Power to Convict for Lesser Offence Notwithstanding Acquittal on Main Charge

"Although the appellant had been wrongly convicted of homicide, it is evident that the evidence disclosed a lesser offence for which he should have been convicted. On the facts as...