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WHERE ABSENT PANELIST RELIES ON REPORT OF OTHER COLLEAGUES

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In Nwalutu v. NBA & Anor (2019) 8 NWLR Pt.1673 Pg.174 at Pg.195. wherein his Lordship stated thus: “It appears to me, and I so hold, that when an absent panelist relies on the colleague present when a witness (es) testified to render an opinion that such opinion is premised on hearsay evidence and it is perverse. A Decision in the circumstance is nothing but travesty of justice. In such circumstance also, it cannot be said that the person tried by the LPDC had received fair trial. Fair hearing, as this Court has consistently held, involves a fair trial and a fair trial of a case consists of the whole hearing. There is no difference between the two.”

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VARIATIONS IN LPDC PANEL MEMBERS AFFECTS ITS’ FINAL DECISION

In Adeigbe & Anor v. Salami Kusimo & Ors (1965) LPELR -25226 (SC) this issue was properly explained by Ademola JSC (as he then was) as follows: “The complaint against a hearing that was not always before the same bench does not pertain to any matter that goes to the jurisdiction of the Court. It...

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EVALUATION OF EVIDENCE IS THE PRIMARY FUNCTION OF A TRIAL COURT

“Courts of trial are expected to carry out their sacred duties of review, evaluation and appraisal, as ascription of probative values, when determining cases presented before them, so that as much as possible, cases are decided on admissible and credible evidence. The receipt of relevant evidence is an act of perception, while the evaluation of...

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ALL MEMBERS OF PANEL MUST PARTICIPATE IN TRIAL

The LPDC is not an appellate body but an adjudicator of first instance, all the members who delivered the Directions must have participated in the full trial after utilizing the opportunity of seeing the demeanor of witnesses, etc. – Ogunwumiju JSC. Gbenoba v. LPDC (2021) Was this dictum helpful? Yes 0 No 0...

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WHAT IS A SUMMARY TRIAL IN CRIMINAL CASES?

A summary trial is therefore a short proceeding that does away with the rigours of a full trial, hearing of witnesses or tendering of documents. It is a proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. It entails immediate action without following the rigmarole in normal...

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WHERE ORAL EVIDENCE IN PRIOR TRIAL MAY BE USED

Ariku v. Ajiwogbo (1962) All NLR (Pt. 4) 630, Ademola CJF (of blessed memory) delivering the judgment of the Supreme Court stated the law as follows:- “This court has frequently directed attention to the practice, now not uncommon of making use of evidence of a witness in another case as if it were evidence in...

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IT IS THE PRIMARY DUTY OF TRIAL COURT TO ASSESS WITNESSES

I fully subscribe to the well settled position of the law that an appellate Court which had not seen the witnesses testify and observe their demeanour in the witness stand, should respect the views of a trial Court and should not readily substitute its own views except where it is shown that the conclusion reached...

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