Principle Archive

It is trite that it is the sole duty of the prosecution to prove its case beyond reasonable doubt by calling all material witnesses. This 'onus…

The Appellant had all the opportunities to rebut that presumption, but he never did. Can he be heard, in the circumstances, to complain that the none…

Where the accused person and the victims of the offence knew themselves before the alleged offence, identification was merely superfluous. Having known them before the incident…

It is settled that every exercise of discretion is dictated by the facts and circumstances of the particular case. It follows therefore that in matters of…

If the prosecution can lead strong and positive evidence which fixes the accused person at the scene of crime and which evidence the court accepts, the…

Courts in Nigeria derive their jurisdiction from the constitution and some specific Laws. The Supreme Court is the final court in all matters but when determining…

The decision of the Court of Appeal in respect of appeals arising from election petition shall be final. Section 246(1)(b) specifies the election concern to be…

In making provision in respect of decisions of the Court of appeal in Election petition matters, Section 246(2) of the 1999 Constitution makes no distinction between…

Under section 246(1)(b)(ii) of the Constitution above an appeal would ordinarily lie to the Court of Appeal from that decision striking out the applicant's petition. Also…

It clearly amounts to a breach of his fundamental rights to fair hearing by virtue of Section 36(1) of the 1999 Constitution not to have joined…

The action at the Federal High Court was incompetent and ought to be struck out. The decision of the lower court in holding that he was…

It is trite law that it is only when proper parties are before the court which makes a court competent to adjudicate on the suit. The…