LEGAL PRINCIPLE: CIVIL PROCEDURE — Res Judicata — Criminal Judgment as Res Judicata in Subsequent Civil Proceedings
PRINCIPLE STATEMENT
Section 54 of the Evidence Act provides that every judgment, whether civil or criminal, is conclusive proof, as against the parties and their privies, of facts directly in issue and actually decided by the court, and appearing from the judgment itself to be the ground on which it was based.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Ezeanya v. Okeke (1995) NLC-2651988(SC) at pp. 20, 22–23; Paras. D–B, D–A.
"Upon a close study of section 34(1) of the Evidence Act, Cap. 112, it concerns the relevance of evidence for proving in a subsequent proceeding the truth of the facts therein stated and has nothing to do with a judgment, decision or finding in a criminal case or matter and whether or not they can found estoppel per rem judicatam in a subsequent civil proceeding. Section 54 of the Evidence Act provides that every judgment whether civil or criminal, is conclusive proof, as against the parties and their privies of facts directly in issue and actually decided by the court, and appearing from the judgment itself to be the ground on which it was based."
EXPLANATION / SCOPE
Criminal judgments can be res judicata in subsequent civil proceedings on facts directly in issue. Section 54 of the Evidence Act governs. The principle applies to facts actually decided. The judgment must be final. The parties must be the same or privies. The rule promotes consistency between criminal and civil proceedings. The court will examine the previous judgment. The burden is on the party asserting res judicata. The principle is an exception to the general rule that criminal and civil proceedings are separate.