Principle Archive – Page 206 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

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CRIMINAL PROCEDURE — Arraignment — Object of Section 215 — Ensuring Accused Understands Charge

Solola & Anor v. State (2005) NLC-2682003(SC)

Criminal Law Supreme Court

The object of arraignment under section 215 CPL is to ensure the accused understands the charge to enable his defence. But justice is not one-way; justice…

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APPELLATE PRACTICE — Concurrent Findings — Supreme Court Will Not Interfere Unless Perverse

Solola & Anor v. State (2005) NLC-2682003(SC)

Appellate Practice Supreme Court

It is not the practice of this court to interfere with concurrent findings of the two lower courts except where such findings are perverse or unsupported…

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JURISDICTION — Jurisdiction of Court — Jurisdictional Challenge as a Threshold Issue — Duty to Determine Competence First

Tiza & Anor v. Begha (2005) NLC-1152000(SC)

Jurisdiction Supreme Court

Jurisdiction is a threshold issue; without it, a court cannot make any valid order. When a challenge to competence is made, the court must deal with…

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CONSTITUTIONAL LAW — Interpretation of Constitutional Provisions — Section 224(1) of the 1979 Constitution — Meaning of “Question of Customary Law”

Tiza & Anor v. Begha (2005) NLC-1152000(SC)

Constitutional Law Supreme Court

A decision is held to be in respect of a question of customary law when the controversy involves a determination of what the relevant customary law…

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APPELLATE PRACTICE — Jurisdiction of Court of Appeal from Customary Court of Appeal — Requirement that Appeal Raise a Question of Customary Law

Tiza & Anor v. Begha (2005) NLC-1152000(SC)

Appellate Practice Supreme Court

An appeal to the Court of Appeal from the Customary Court of Appeal must be limited to a complaint with respect to a question of customary…

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APPELLATE PRACTICE — Grounds of Appeal — Formulation of Issues from a Single Ground of Appeal

Mercantile Bank of Nig. Plc. & Anor v. Nwobodo (2005) NLC-382001(SC)

Appellate Practice Supreme Court

Where the number of issues distilled far exceeds the number of grounds of appeal, it shows palpable ignorance of the law. It means the appellant does…

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APPELLATE PRACTICE — Grounds of Appeal — Grounds Must Arise from the Decision Appealed Against

Mercantile Bank of Nig. Plc. & Anor v. Nwobodo (2005) NLC-382001(SC)

Appellate Practice Supreme Court

Grounds of appeal must arise from the judgment, ruling, or decision of the court below. A ground with no connection to what the court decided is…

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EVIDENCE LAW — Confessional Evidence — Voluntary Confession May Ground Conviction Notwithstanding Retraction

Shande v. State (2005) NLC-1842004(SC)

Evidence Law Supreme Court

A voluntary confession that is direct, positive, unequivocal, and amounts to admission of guilt can ground a conviction regardless of retraction. Retraction does not make it…

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CRIMINAL LAW — Defences — Provocation — Requirements for the Defence to Succeed

Shande v. State (2005) NLC-1842004(SC)

Criminal Law Supreme Court

To avail himself of provocation, the appellant must have acted: (i) in the heat of passion; (ii) caused by sudden provocation; (iii) before time for passion…

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EVIDENCE LAW — Confessional Evidence — Admissibility and Relevance under Section 27 of the Evidence Act

Shande v. State (2005) NLC-1842004(SC)

Evidence Law Supreme Court

Confessions, if voluntary, are deemed to be relevant facts as against the persons who make them only.

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CRIMINAL LAW — Defences — Provocation — Duty of Court to Evaluate Entire Circumstances for Loss of Self-Control

Shande v. State (2005) NLC-1842004(SC)

Criminal Law Supreme Court

The trial court must consider whether a reasonable person in such circumstances might be rendered subject to loss of control leading to fatal violence, and whether…

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CONSTITUTIONAL LAW — Fair Hearing — The Principle of Audi Alteram Partem Requires Notice of Every Material Step

Ndukauba v. Kolomo & Anor (2005) NLC-2372000(SC)

Constitutional Law Supreme Court

Fair hearing imposes obligations on the court. The court should not take or hear evidence or receive submissions from one party at the back of the…

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