CRIMINAL TRIAL IS FROM ARRAIGNMENT TO CONVICTION; THE FINAL ADDRESS IS PART OF THE TRIAL

I make haste to state here that the criminal trial of every accused person begins with arraignment and culminates with conviction and sentence in judgment. In the precedent relied upon by the Respondent’s learned Counsel, STATE v. LAWAL (2013) 7 NWLR (FT. 1354) AT PP.586, Mohammad, JSC, defined criminal trial to mean “the whole of...

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RULES OF COURT MUST BE OBEYED

OFORKIRE VS. MADUIKE ORS. (2003) LPELR – 2269 (SC) held that: “It is elementary law that rules of Court must be obeyed or complied with, as they are not made for fun.” Was this dictum helpful? Yes 0 No 0...

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RULES OF COURT ARE MADE FOR COURT’S BENEFIT, NOT OTHERWISE

The Rules of Court made to regulate the practice and procedure in the Supreme Court and indeed Rules made for the regulation of practice and procedure in the various courts in Nigeria have not been made for or to lie only in the statute books. They are made for the benefit of courts on the...

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MUST USE OF A PARTICULAR COMMENCEMENT PROCEDURE

This is an out-flow of the elementary principle of law that where a specific procedure is provided for commencing an action, a party seeking to use the procedure must bring his case within those covered by that procedure otherwise his action will be incompetent. – Abiru, JCA. Okoli v. Gaya (2014) Was this dictum helpful?...

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DISTINCTION BETWEEN SUBSTANTIVE & PROCEDURAL LAW

“24, Mr, Onuora rightly set out the distinction between substantive and procedural laws when he said that ‘as a general rule, laws which fix duties, establish rights and responsibilities among and for persons natural or otherwise are substantive laws in character while those which merely prescribe the manner in which such rights and responsibilities may be exercised and enforced in a Court are procedural law.’”

— Ukor v Laleye (2005) – ECW/CCJ/APP/01/04

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PROCEDURAL IRREGULARITY

It is not every procedural irregularity which affects the validity of proceedings. – Uwaifo JSC. Ekpanya v. Akpan (1988) Was this dictum helpful? Yes 0 No 0...

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WHERE A STATUTE HAS PROVIDED A PROCEDURE SUCH PROCEDURE MUST BE FOLLOWED

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CRIMINAL TRIAL IS FROM ARRAIGNMENT TO CONVICTION; THE FINAL ADDRESS IS PART OF THE TRIAL

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RULES OF COURT MUST BE OBEYED

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RULES OF COURT ARE MADE FOR COURT’S BENEFIT, NOT OTHERWISE

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MUST USE OF A PARTICULAR COMMENCEMENT PROCEDURE

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DISTINCTION BETWEEN SUBSTANTIVE & PROCEDURAL LAW

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PROCEDURAL IRREGULARITY

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