Principle Archive

Evidence of motive is not an essential ingredient in a case of murder; absence of motive is no justification or excuse for murder, though presence of…

Circumstantial evidence is often the best evidence; it is evidence of surrounding circumstances capable of proving a proposition with the accuracy of mathematics.

Circumstantial evidence must be cogent, complete, unequivocal, and compelling, leading to the irresistible conclusion that the accused and no one else committed the crime; the facts…

The decision of the Court of Appeal in an election appeal is conclusive and terminal; the Supreme Court has no supervisory jurisdiction, and an allegation of…

In interpreting finality provisions, the first issue is the substance, not the form, of the proceeding; if the substance is an election petition, the finality provision…

The words of the Constitution making Court of Appeal decisions in election matters final are clear and unambiguous; an allegation of nullity of proceedings does not…

The decision of the Court of Appeal in appeals arising from National Assembly election petitions is final; the Supreme Court cannot intervene even for procedural errors…

It is the plaintiffs/respondents that must prove ownership of the land in dispute, and then the defendants/appellants can rebut the evidence of ownership.

A statement by a Customary Court that "defendants failed to prove ownership" does not shift the burden of proof; it means the defendant failed to rebut…

The phrase "proof beyond reasonable doubt" is only apposite in criminal prosecutions; in civil cases, the standard is preponderance of evidence, but its use by a…

Superior courts must accord greater latitude and broader interpretation to decisions of Customary Courts, focusing on substance rather than form, because Customary Courts are generally presided…

A visit to the locus in quo can clear doubts as to the location and identity of land in dispute; where the court finds no difficulty…