Legal Papers and Articles

Introduction This article will not and does not address the mechanics and intricacies of preparing briefs of argument which is actually very different from preparing a final written address. For an exposition on how to write briefs of argument, this piece on Nigerian guru website is most apposite. Also, a number of other reading resources … Read more

Written by Timothy Oputa LLB (in view) Introduction In the past decades and still counting, dogs have been considered to be man’s best friend. Unsurprisingly, the popular simile; “as faithful as a dog” only reinforces this stance. For various reasons and purposes, people keep different kinds of animals as pets. More thrilling to note is … Read more

Written by Carrington Omokaro, Esq The Supreme Court in the case of Odey v. Alaga (2021) 13 NWLR (Part 1792) 1 delivered on 25th of February, 2021 in a split decision of 4-3 decided that a Notice of Appeal must be served on the respondent personally and that service of a Notice of Appeal on … Read more

What is Jurisdiction? UKUT & ORS v. APC & ORS (2019) LPELR-47203(CA) “By way of prefatory remarks, jurisdiction, a mantra in adjudication, connotes the authority/power of a Court to determine a dispute submitted to it by contending parties in any proceeding, see Ajomole v. Yaduat (No. 1) (1991) 5 SCNJ 172; Mobil Pro. Co. Unltd. … Read more

Proving the Ingredients of an Offence Ingredients of the Offence of Armed Robbery UTTO v. STATE (2021) LPELR-56230(SC) “Now the essential ingredients for the offence of armed robbery have been stated by this Court in a host of authorities. I wish to restate them here as follows:- (1). That these was a robbery (2). That … Read more

Standard of Proof in Criminal Cases Relevant Sections of the Evidence Act – Section 135 of the Evidence Act 2011 Synopsis – The standard of proof in criminal cases is now established to be proof beyond reasonable doubt and not proof beyond every shadow of doubt. A pertinent question would be what amounts to proof … Read more

Written by Carrington Omokaro, Esq An averment in a statement of defence which states “The defendant denies paragraph _ and puts l NJ the plaintiff to the strictest proof” or “The defendant is not in a position to admit or deny _ and will at the trial put the plaintiff to proof”, amounts to an … Read more

Written by Carrington Omokaro, Esq Making reference to a land dispute, Mr. A sues Mr. B in 2012 asking the court to declare him the owner of the land in dispute. Mr B did not counter-claim. The court eventually holds that Mr. A has failed to prove title to land. Mind you, Mr. B did … Read more