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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

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CHIEFTAINCY LAW — Judicial Review in Chieftaincy — Applicable Declaration Is Law in Existence at Time Cause of Action Arose

Adesanoye & Ors v. Adewole (2006) NLC-123-171-2004(SC)

Chieftaincy Law Supreme Court

The applicable law is the law in existence at the time the cause of action arose, not the law in force at the time jurisdiction was…

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CRIMINAL LAW — Uttering — Proof of Uttering — Maker of Mandate Need Not Be Proved

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Criminal Law Supreme Court

The definition of uttering means it does not matter who wrote the mandate. What matters is knowing who used or dealt with the documents. The available…

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EVIDENCE LAW — Circumstantial Evidence — Requirements for Conviction Based on Circumstantial Evidence

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Evidence Law Supreme Court

Circumstantial evidence must be credible, cogent, consistent, unequivocal, and lead to no conclusion other than guilt. It must be capable of proving a proposition with mathematical…

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EVIDENCE LAW — Circumstantial Evidence — When Inference of Guilt May Be Drawn in Absence of Direct Evidence

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Evidence Law Supreme Court

Absence of a handwriting expert is not always prejudicial. Where there is a very strong connecting link between the accused and the document, the court may…

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CRIMINAL LAW — Uttering — Definition and Scope of Uttering Under Section 468 of the Criminal Code

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Criminal Law Supreme Court

"Utter" includes using or dealing with, and attempting to induce any person to use, deal with, or act upon the thing in question. The appellant used…

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EVIDENCE LAW — Documentary Evidence — Interpretation of Documents — Entire Document Must Be Considered

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Evidence Law Supreme Court

For a balanced picture, the entire document must be interpreted as a whole, not in parts convenient to a party. A party cannot pick and choose…

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CRIMINAL LAW — Stealing — Ownership of Property Stolen — Identification of Owner Where Known

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Criminal Law Supreme Court

The cheques were all in the name of the Director of Internal Revenue of the Ministry of Finance, Abeokuta. The proceeds of those cheques wholly belonged…

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CRIMINAL LAW — Stealing — Ownership of Property Stolen — Proof by Documentary Evidence

Akinbisade v. State (2006) NLC-123-125-2005(SC)

Criminal Law Supreme Court

Documentary evidence is the most reliable, if not the best, evidence in most cases because it is more reliable than oral evidence. In this case, there…

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JURISDICTION — Jurisdictional Error — Proper Order Where Court Lacks Jurisdiction Is to Strike Out

Fasakin Foods Nig Ltd v. Shosanya (2006) NLC-123-312-2001(SC)

Jurisdiction Supreme Court

Where a court holds that it has no jurisdiction, the proper order to make is to strike out the suit or proceeding. It does not transfer…

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CONSTITUTIONAL LAW — Separation of Powers — National Assembly Cannot Legislate for State High Courts

Fasakin Foods Nig Ltd v. Shosanya (2006) NLC-123-312-2001(SC)

Constitutional Law Supreme Court

Section 22(3) and (4) of the Act, in effect, legislates for State High Courts in a provision it has no power to make.

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EVIDENCE LAW — Witnesses — Court Can Act on Evidence of Single Credible Witness

Agbi v. Ogbeh & Ors (2006) NLC-123-63-2005(SC)

Evidence Law Supreme Court

A court can act on the evidence of one single witness if the witness can be believed given all the surrounding circumstances. A single credible witness…

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APPELLATE PRACTICE — Grounds of Appeal — Effect of Failure to Formulate Issue on a Ground of Appeal

Emespo J. Continental Ltd v. Corona Shifah-Rtsgesellschaft & Ors (2006) NLC-123-252-2000(SC)

Appellate Practice Supreme Court

A ground of appeal in respect of which no issue has been formulated is deemed abandoned and should be struck out.

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