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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

Standard

APPELLATE PRACTICE — Appeal Against Conviction — Standard of Review — Findings of Fact

Isibor v. State (2002) NLC-2462001(SC)

Appellate Practice Supreme Court

An appellate court will not ordinarily reverse findings of fact unless there was no evidence to support them or the verdict is unreasonable considering the primary…

Standard

CRIMINAL PROCEDURE — Police Investigation — Failure to Call All Witnesses — Section 149(d) Evidence Act — When Not Applicable

Akalonu v. State (2002) NLC-1622000(SC)

Criminal Procedure Supreme Court

Section 149(d) of the Evidence Act does not require the prosecution to call all possible witnesses; the prosecution has discretion to call a sufficient number to…

Standard

CRIMINAL LAW — Tainted Witness — Relationship to Deceased Not Sufficient to Taint a Witness

Akalonu v. State (2002) NLC-1622000(SC)

Criminal Law Supreme Court

The mere fact that a witness in a murder trial is related to the deceased does not make him a tainted witness; a tainted witness is…

Standard

APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — When Justified

Akalonu v. State (2002) NLC-1622000(SC)

Appellate Practice Supreme Court

The Supreme Court will not interfere with concurrent findings of fact supported by evidence unless there is a violation of principles of law or procedure, a…

Standard

CONSTITUTIONAL LAW — Jurisdiction — Constitutional and Islamic Law — Matters Not Enumerated as Islamic Personal Law Within High Court’s Jurisdiction

Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC)

Constitutional Law Supreme Court

Islamic personal law under the Constitution governs only matters enumerated in Section 262 of the 1999 Constitution and Section 242 of the 1979 Constitution; matters not…

Standard

CONSTITUTIONAL LAW — Jurisdiction — High Court — Unlimited Jurisdiction Limited Only by Express Constitutional Provisions

Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC)

Constitutional Law Supreme Court

The limit to the otherwise unlimited jurisdiction vested in the High Court can only be as may be expressly provided by the Constitution. Merely vesting jurisdiction…

Standard

CONSTITUTIONAL LAW — Jurisdiction — Sharia Court of Appeal — Original Jurisdiction Not Conferred

Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC)

Constitutional Law Supreme Court

The Sharia Court of Appeal exercises only appellate and supervisory jurisdiction; it is not conferred with original jurisdiction, and the High Court retains first instance jurisdiction…

Standard

CIVIL PROCEDURE — Parties — Death of Party — Effect on Orders Made

Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC)

Civil Procedure Supreme Court

An order of injunction against a deceased person becomes otiose upon his death, as the court cannot enforce an order against a dead person.

Standard

APPELLATE PRACTICE — Grounds of Appeal — Mixed Law and Fact — Leave Required

Abdulsalam & Anor v. Salawu (2002) NLC-211998(SC)

Appellate Practice Supreme Court

Under Section 213(3) of the 1979 Constitution, leave is required for an appeal to the Supreme Court on grounds of mixed law and fact; failure to…

Standard

EVIDENCE LAW — Proof of Title to Land — Five Ways of Proving Title — Requirement to Establish Foundation and Devolution

Olokotintin v. Sarumi & Ors (2002) NLC-441998(SC)

Evidence Law Supreme Court

A plaintiff must set out clearly who founded the land, how it was founded, and the names of persons who exercised acts of ownership before it…

Standard

EVIDENCE LAW — Burden of Proof — Declaration of Title to Land — Plaintiff Must Rely on Strength of Own Case Not Weakness of Defence

Olokotintin v. Sarumi & Ors (2002) NLC-441998(SC)

Evidence Law Supreme Court

A plaintiff seeking a declaration of title to land must prove his case by cogent and credible evidence, relying on the strength of his own case,…

Standard

APPELLATE PRACTICE — Concurrent Findings of Fact — Interference by Supreme Court — When Justified

Olokotintin v. Sarumi & Ors (2002) NLC-441998(SC)

Appellate Practice Supreme Court

The Supreme Court will be loath to interfere with concurrent findings of fact unless they result in miscarriage of justice, violate principles of law, or are…

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