Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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LIMITATION LAW — Statute Barred — Determination of — Whether Action is Statute Barred Determined by Examining Writ of Summons and Statement of Claim Only

Military Administrator (Ekiti State) & Ors v. Aladeyelu & Ors (2007) NLC-123-8-2006(SC)

Limitation Law Supreme Court

For the purpose of determining whether an action is statute-barred, the period of limitation is determined solely by examining the writ of summons and the statement…

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CIVIL PROCEDURE — Pleadings — Grant as Root of Title — Duty to Prove Grant by Credible Evidence

Yusuf v. Adegoke & Anor (2007) NLC-123-15-2002(SC).

Civil Procedure Supreme Court

Where a party relies on and pleads a grant as his root of title, he bears the duty to prove such grant to the satisfaction of…

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EVIDENCE LAW — Burden of Proof — Exception or Exemption — Accused Raising Defence of Authorisation

NAF v. Kamaldeen (2007) NLC-123-75-2001(SC)

Evidence Law Supreme Court

Where a person is accused of an offence, the burden of proving the existence of circumstances bringing the case within any exception or exemption from, or…

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CRIMINAL LAW — Alibi Defence — Timing of Raising Defence — Necessity of Raising at Earliest Opportunity

Ndidi v. State (2007) NLC-123-128-2005(SC)

Criminal Law Supreme Court

An alibi defence must be raised at the earliest possible opportunity, which is at the police interrogation stage, to enable the police to investigate its veracity.…

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CRIMINAL LAW — Identification Evidence — Evaluation by Trial Judge — Necessity for Detailed Analysis in Capital Offences

Ndidi v. State (2007) NLC-123-128-2005(SC)

Criminal Law Supreme Court

In criminal trials, particularly capital offences, the trial court must arrive at its decision through a detailed, analytical, and logical reasoning process that commands confidence. A…

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CRIMINAL LAW — Identification Evidence — Recognition — Reliability of Recognition by Witness Who Knows Accused Before Incident

Ndidi v. State (2007) NLC-123-128-2005(SC)

Criminal Law Supreme Court

Recognition of an accused person by a witness who knew them before the incident is generally more reliable than identification of a stranger. However, the court…

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CRIMINAL LAW — Corroboration — Definition and Nature of Corroborative Evidence

Ogunbayo v. State (2007) NLC-123-272-2005(SC)

Criminal Law Supreme Court

Evidence in corroboration must be an independent testimony, direct or circumstantial, which confirms in some material particular, not only that an offence has been committed, but…

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CRIMINAL LAW — Contradictions in Prosecution Case — When Fatal — Minor Contradictions

Ogunbayo v. State (2007) NLC-123-272-2005(SC)

Criminal Law Supreme Court

It is now firmly settled that it is not every minor contradiction that is fatal to the prosecution's case.

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CRIMINAL LAW — Confession — Admission of Ingredients of Offence — Necessity for Statement to Admit Essential Elements

Nigeria Navy & Anor v. Ibe-Lambert (2007) NLC-123-139-2006(SC)

Criminal Law Supreme Court

For a confessional statement to be relied upon to convict an accused person, it must admit the essential ingredients of the offence charged. Where the statement…

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