SOLACE

You’re highly welcome to the official website of Solace Chamber, Bayero university, Kano.

Attorney General

A. M. Kamaldeen

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THE REQUIREMENTS OF APPEALING AS A PARTY INTERESTED

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The position of the law is that a person who was not a party to a suit at the trial court can appeal to the court of appeal as an interested party but to do that he must seek the leave of the court and such leave cannot be subsumed into a trinity prayer because the leave is a condition precedent and failure to obtain it renders the court incompetent to assume jurisdiction and the trial court is the most appropriate court from where the leave should be seek first. This position of law was reiterated by the Supreme Court in the case of F.A.A.N V. Bi Courtney Ltd. (2025) 7 NWLR (pt. 1989) 365.  The brief narration of the fact of the case and what led to the above pronouncements by the Apex Court is that The Federal Government of Nigeria granted a concession to Bi Courtney Limited(1st respondent) for the redevelopment of the fire-razed Murtala Mohammed Airport Domestic Terminal 2 (MMA2) in Ikeja, Lagos, under a Build, Operate, and Transfer (BOT) arrangement. The concession ...
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PROLIFERATION OF ISSUES FOR DETERMINATION

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Proliferation of Issues for Determination occurs when a party to a case raises more than one issue  from a single ground of appeal. Where there is a proliferation of Issues for Determination, such an issue is rendered incompetent and will therefore be struck out. This principle of law has been traversed in the recent case of UBABUIKE V G.T.B PLC (2025)8 NWLR (PT.1993) 427. The summary of what transpired in the case vis-a-vis proliferation of Issues for Determination was that the appellant, as a customer to the 1st respondent, applied for and was granted a loan of N10million in April 2009 which he fully utilised. Before repaying the loan, he filed a suit against the respondents at the trial court in which he claimed several reliefs relating to the loan transaction. The 1st respondent filed a statement of defence and counter-claim to the suit and the matter proceeded to trial. In its judgment, the trial court struck out the appellant’s suit on the ground that the writ of ...
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RELEVANCY AND ADMISSIBILITY OF CONFESSIONAL STATEMENT

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A confession is relevant and admissible in evidence, so long as it is voluntarily made and not as a result of threat or inducement. A confessional statement is admissible once it is direct and positive relating to the acts of the accused, with knowledge or intention, stating or suggesting the inference that he committed the offence. Section 29 of the Evidence Act 2011 provides that a confession is relevant and admissible in evidence, so long as it is voluntarily made and not as a result of threat or inducement. Where a court is satisfied that a confession was freely and voluntarily made and that it is direct, positive and unequivocal as to the accused person’s participation in the crime alleged, it may rely solely on the confession to ground a conviction. A confession is a statement written or orally made voluntarily by an accused person charged with the commission of a crime to another person where he admits or acknowledges his guilt in respect of the offence charged and s...
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