Posts

CAUSATION OF DEATH AND CRIMINAL RESPONSIBILITY

Image
It is these three elements that must be proved simultaneously and beyond reasonable doubt, failure of which will result back to the presumption of the innocence of the accused. However, it may be asked, how does the prosecution prove the second element of the crime, that the death of the victim was really caused by the action of the accused? To that one may instinctively respond that: “By medical evidence!” How then in the absence of such?? The Supreme Court in the very recent case of UMAR V. STATE (2026) 5 NWLR (PT. 2036) 67 answered the above question. The facts of the case, straightforward and devoid of complexities, are remitted thus: On the 25th June, 2015, at about 12:30 pm, in Tafa Town along the Kaduna-Abuja Expressway, Kaduna State, one Sgt. Mohammed Tiji of the Nigeria Police, Zaria Command, was going home, after close of work, when he heard a shout. He looked around and saw that appellant, who was on trial accused of being guilty of culpable homicide punishable ...
Post a Comment
Read more

WHEN COURT CAN RAISE ISSUE SUO MOTU AND DETERMINE IT WITHOUT HEARING PARTIES THEREON

Image
The doctrine of audi alteram partem (hear the other side) is one of the twin pillars of natural justice in Nigeria. Section 36(1) of the 1999 Constitution guarantees every person a fair hearing in the determination of their civil rights and obligations. Because of this, the general rule is that a court must not decide any issue that has not been raised by the parties and argued before it. However, Nigerian courts have recognized narrow, well-defined circumstances where a court may raise an issue suo motu (on its own motion) and even determine it without calling on parties to address it. These exceptions exist because some matters go to the root of the court’s power to adjudicate at all. If left unaddressed, the entire proceedings would be a nullity. Despite the general rule, the courts will intervene without hearing parties where the issue is fundamental to jurisdiction or to the integrity of the judicial process. The main categories when court can raise issue suo motu and ...
Post a Comment
Read more

CONFESSIONAL STATEMENT: WHETHER AND WHEN SUFFICIENT TO GROUND CONVICTION

Image
To effectively navigate through the aforestated topic, recourse shall be made to the recent case of ORI V. STATE (2022) 5 NWLR (Pt. 1824) 441 (SC), which involves an appeal against the judgement of the Court of Appeal delivered on 13th July, 2018, refusing the appellants application for dismissing the judgement of the High Court which was delivered on 6th July, 2017. The Supreme Court in an unanimous decision allowed the appeal and affirmed the decision of the two lower courts. A brief of narration of what transpired in the case was that: A police officer was on his way along Iwofin-Olorunda Road from his duty post in the vehicle of a couple, one Mr. Fatokun and his wife, when they suddenly sighted some armed men, including the appellant, who stopped the vehicle. The appellant approached the police officer at close range where he was seated in the vehicle and dispossessed him of his bag containing his police uniform. He also, together with his accomplice, took away a bag ...
Post a Comment
Read more

NATURE OF SUMMARY JUDGMENT: IT’S PURPOSE, PROCEDURE, AND THE DUTY OF COURT UNDER SAME

Image
Litigation in Nigeria can be protracted, costly, and sometimes abused by parties who have no real defence but seek only to delay justice. To curb this, Nigerian civil procedure provides for summary judgment. It is a procedural device designed to enable a court to determine a claim promptly and expeditiously, without delay, where the defendant has no arguable defence. In order to adequately explore the Nature Of Summary Judgment: It’s Purpose, Procedure, and the Duty of Court Under Same, recourse shall be made to the very recent case of O.S.B.I.R. & 2 Ors. v. Sidex Consulting Ltd. (2026) 7 NWLR (Pt. 2042) 309, wherein the 3 Learned Justices of the Court of Appeal (Ibadan Division) reinforced some very fundamental principles thereto. The detailed but complex fact leading to the commencement of this case at the trial court, which was later appealed to the Court of Appeal, is as follows: The case of the respondent was that following the appellants’ desire to boost the Inter...
Post a Comment
Read more

BURDEN OF PROOF AND THE NATURE OF LOCUS STANDI

Image
Burden of proof, or onus probandi, refers to the obligation on a party to establish the facts necessary to support their case. In Nigeria, it is primarily governed by the Evidence Act, 2011. The doctrine has two aspects: Legal burden: The obligation to prove the case as a whole; and  Evidential burden: The obligation to adduce sufficient evidence on a particular fact to make it an issue. Burden of proof, as per the Evidence Act, says he who asserts must prove, and in everyday life this means that if you make an allegation, online, in interviews, or even on social media, the burden is on you to provide evidence, not on others to disprove it, this is why responsible speech matter. With respect to the principle of burden of proof and the nature of locus standi, I shall go on an adventure of the recent case of Ukegbu v. N.B.C. (2025) 2 NWLR (PT. 1976) 283, where the Honourable Justices of the Supreme Court made fundamental pronouncements. But before that, let’s have a look ...
Post a Comment
Read more

hvhjhv bhjy

Image
📢  Call for Submissions: Solace Annual Essay Contest (1st Edition) 📢 Solace Chambers, Bayero University, Kano, is excited to announce its inaugural essay contest, providing a platform for law students at Bayero University, Kano, to showcase their writing skills and engage with cutting-edge legal topics. We urge all eligible students to participate and share their thoughts on the intriguing topic: Topic _The Robotic Gavel: Will Artificial Intelligence Soon Replace Human Lawyers?_ Eligibility: _Students of Faculty of Law, Bayero University, Kano only._ Submission Guidelines: - Word Count: 1500-2000 words (excluding footnotes) - Format: Text justified; Times New Roman font, size 12; 1.5 line spacing (main text), 1.0 line spacing (footnotes) - References: NALT referencing style (accessible at https://drive.google.com/file/d/1-jVxRut8_RBlMjUIn-SKWmtqH35YTBnD/view?usp=drivesdk) - Original submissions only; no plagiarism, previously published works, or AI-generated content - Submit in b...
Post a Comment
Read more

SOURCE OF TAX LIABILITY AND THE NATURE OF TAX OBLIGATION

Image
Taxation is one of the most important mechanisms through which governments generate revenue for the provision of public services and the promotion of national development. In every modern society, taxation serves as the financial backbone of government activities, enabling the state to fund infrastructure, education, healthcare, security, and other essential public services. Consequently, every responsible government relies significantly on tax revenue to discharge its constitutional and statutory responsibilities. Generally, taxation may be defined as a compulsory levy imposed by law on individuals, companies, and other taxable entities for public purposes. Unlike voluntary contributions or donations, taxation is mandatory and enforceable by law. The compulsory nature of taxation distinguishes it from other forms of government revenue and underscores the obligation of citizens and corporate bodies to contribute towards the development of the state. The primary purpose of t...
Post a Comment
Read more