Lawgallery Nigeria

03/09/2024

EVIDENCE-PROOF OF CRIME- ARMED ROBBERY-WHETHER THE PROSECUTION MUST TENDER WEAPON OF ALLEGED ROBBERY-WHAT COURT CONSIDERS MOHAMMED IBRAHIM VS COMMISSIONER OF POLICE (2020) 15 N.W.L.R PART 2746 S.C PAGES 139-140 PARAGRAPH G-B.

There is no law requiring that the Prosecution must tender the weapon of an alleged robbery before the guilt of the accused person can be established. It all depends on the nature of the case and circumstances surrounding the alleged robbery. This is because if the evidence indisputably supports the fact that armed robbery occured, the absence of weapon in court would not change the course of event..

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02/09/2024

EVIDENCE-AFFIDAVIT EVIDENCE - DEPOSITION IN AFFIDAVIT- WHERE UNCONTROVERTED- HOW TREATED SKYMIT MOTORS LTD VS U.B.A PLC (2021) 5 N.W.L.R PART 1768 PG 141-142 paragraph G
Depositions in an affidavit that remain uncontroverted are accepted as true.

31/08/2024

EVIDENCE-ADMISSIBILITY-EVIDENCE GIVEN BY A WITNESS IN A JUDICIAL PROCEEDING-WHEN ADMISSIBLE FOR PROVING IN SUBSEQUENT PROCEEDING THE TRUTH OF FACT STATED THEREIN.

MR. ADE OBU & ORS V CHIEF GABRIEL OTOYO & ANOR (2021) 12 NWLR part 1791 page 521-533 Para H-C
By Virtue of Section 46 of the Evidence Act, evidence given by a witness in a judicial proceeding or before any person authorized by law to take it, is admissible for the purpose of proving in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding the truth of the facts which it states, when the witness cannot be called for any of the reasons specified in section 39 of the Evidence Act, or is kept out of the way by the adverse party.
PROVIDED THAT:
a). The proceeding was between the same
parties or their representatives in interest

b). The adverse party in the first proceeding
had the right and opportunity to cross-
examine and

C). The question in issue were substantially the
same in the first as in the second
proceeding. Per AWOADE J.C.A.

30/08/2024

https://punchng.com/afe-babalola-faults-fg-on-age-limit-for-wassce-neco-varsity-admission/

The Chancellor of Afe Babalola University, Ado Ekiti, Aare Afe Babalola, SAN, has faulted the Federal Government's decision to bar students under 18 from writing examinations conducted by the West African Examination Council and National Examination Council and as well gaining admission to universit...

27/08/2024

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26/08/2024

EVIDENCE - ADMISSION- MEANING AND EFFECT OF.
BAIOPHYS ENT. LTD V N.D.I.C (2019) 8 N.W.L.R PART 1674 C.A @ pg 252
Admission is a phenomenon that in some circumstances discharges the burden of proof that is on a party in a suit. Where a party against whom a claim is made, had either before or during the proceedings, made statements to the effect that such claim is correct, then the court may find that there is no need for the other party to engage in further proof of the claim, except there is evidence from the other party dislodging such admission.

26/07/2024