Standard
CRIMINAL PROCEDURE — Confessional Evidence — Retracted Confession — Admissibility
Tanko v. State (2009) NLC-123-53-2008(SC)
The fact of retraction of a confession does not make it evidence upon which the court cannot act.
5375
Principles
53
Areas of Law
26
Years Covered
Standard
APPELLATE PRACTICE — Supreme Court Precedent — Conditions for Overruling Previous Decision
Tanko v. State (2009) NLC-123-53-2008(SC)
To guard against instability crippling into the corpus of our laws; the following conditions must be seen to be present in the previous judgment sought to…
Standard
CRIMINAL LAW — Sentencing — Mandatory Death Sentence — No Judicial Discretion to Reduce
Tanko v. State (2009) NLC-123-53-2008(SC)
In a charge, like the one at hand, where the sentence prescribed is 'DEATH' only it is not within the competence of a trial judge to…
Standard
CRIMINAL PROCEDURE — Prosecution — Authority to Prosecute State Offences — Attorney-General of State
Tanko v. State (2009) NLC-123-53-2008(SC)
Not only does a State High Court have the jurisdiction to try cases relating to armed robbery, the officials of the Ministry of Justice of a…
Standard
CONSTITUTIONAL LAW — Legislative Competence — Residual Matters — Offence of Armed Robbery as State Offence
Tanko v. State (2009) NLC-123-53-2008(SC)
The offence of armed robbery is neither in the Exclusive list or the Concurrent list. It therefore can be at no other place other than the…
Standard
COMPANY LAW — Application of CAMA — Foreign Company — Whether Foreign Company Bound by Section 417 of CAMA
Agro Allied Development Ent. Ltd v. MV Northern Reefer & Ors (2009) NLC-123-268-2002(SC)
It is my considered view that the 3rd defendant being a foreign company, as it is not a Nigerian company as defined in section 650 of…
Standard
COMPANY LAW — Winding Up — Meaning of “Court” under Section 417 of CAMA — Federal High Court
Agro Allied Development Ent. Ltd v. MV Northern Reefer & Ors (2009) NLC-123-268-2002(SC)
It is however, very clear from the decision of this court in the case of FMBN v. NDIC (1999) 2 NWLR (Pt.591) 333 at 365 and…
Standard
COMPANY LAW — Winding Up — Leave to Proceed with Action — Whether Company in Liquidation Requires Leave to Commence or Continue Action Against Another Party
Agro Allied Development Ent. Ltd v. MV Northern Reefer & Ors (2009) NLC-123-268-2002(SC)
It is very clear from the above provision that the party to seek and obtain the leave of the court before proceeding with or commencing an…
Standard
CUSTOMARY LAW — Family Land Partition — Uncontradicted Evidence of Partition
Yesufu v. Adama (2010) NLC-123-186-2003(SC)
The simple question before this court is whether or not there was sufficient evidence before the trial court to enable it conclude that there was indeed…
Standard
APPELLATE PRACTICE — Concurrent Findings — Interference by Supreme Court
Yesufu v. Adama (2010) NLC-123-186-2003(SC)
The court of appeal confirmed the finding that there was a valid partition. Thus, it is a concurrent finding of facts and this court will not…
Standard
EVIDENCE LAW — Customary Law — Proof of Partition as a Question of Fact
Yesufu v. Adama (2010) NLC-123-186-2003(SC)
Since what amounts to partitioning of a family land is a question of fact, there must be averments in the pleadings, supported by cogent and positive…
Standard
CUSTOMARY LAW — Family Land Partition — Proof of Partition Under Yoruba Native Law and Custom
Yesufu v. Adama (2010) NLC-123-186-2003(SC)
Partition of a family property is one of the methods by which a family property can be determined in favour of the constituent members or family…