It is to be said loud and clear that a Court of law has no legal duty to confine itself only to authorities cited by parties. It can, in an effort to improve its Judgment rely on authorities not cited by parties. The Court is also under no duty to give notice to the parties that it intends to use a particular book or authority.
– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)
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In criminal trial, not only must the defences of the accused be considered, the Court is bound to consider the defences available to the accused which the accused himself did not raise, especially where the accused is facing a trial in which his life is at stake. See Nwankwoala v. The State (2006) 14 NWLR (Pt. 1000) 663; Adebayo v. The Republic (1962) NWLR 391; Akpabio v. The State (1994) 7 NWLR (Pt. 359) 653; Oguntolu v. The State (1996) 2 NWLR (Pt. 432) 503; Malam Zakari Ahmed v. The State (1999) 7 NWLR (Pt. 612) 641 at 679 and 681.
— P.A. Galinje JSC. Onuwa Kalu v. The State (SC.474/2011, 13 Apr 2017)
In Valentine Ayika V. Republic Of Liberia (2011) CCJELR, pg. 237, para 13, the Court held that the Supreme Court of Liberia and for that matter any other Court in Member States does not qualify as international court within the meaning of Article 10 (d)(ii) of the Protocol as amended.
It also appeared in rather bold relief that there is now a tendency among our lawyers, and sometimes among some of our Judges, to consider pronouncements made by Justices of the Supreme Court unnecessary isolation from the facts and surrounding circumstances those particular cases in which those pronouncements were made. I think it ought to be obvious by now, that it is the facts and circumstances of any given case that frame the issues for decision in that particular case. Pronouncements of our Justices whether they are rationes decidendi or obiter dicta must therefore be inextricably and intimately related to the facts of the given case. Citing those pronouncements without relating them to the facts that induced them will be citing them out of their proper context, for, without known facts, it is impossible to know the law on those facts.
– Oputa, JSC. Adegoke v. Adesanya (1989)
A court is competent when:- (a) It is properly constituted as regards numbers and qualification of members of the bench that no member is disqualified by one reason or another. (b) The subject matter of’ the action is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction. (c) Proper parties are before the court. (d) The action is initiated by due process of law and upon fulfillment of any condition precedent to the exercise of its jurisdiction.
– Adekeye, J.S.C. Goodwill v. Witt (2011) – SC. 266/2005
The question remains whether the claimants were wrong in filing an affidavit when the defendant did not file any as to its preliminary objection. I must first point out that the argument of the defendant, that the claimants violated the Rules of this Court in filing an affidavit in opposition to the preliminary objection when the defendant did not, is one the defendant made without stating the Rules of this Court that were violated.
— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022
ALH. WAHAB ODEYALE & ANR. V. ALH. HAMMED OLAPADE BABATUNDE & ORS. (2009) – CA/I/106/2006:
“In my considered view, the constitutional provisions is very clear and unambiguous, and there is need for the court to give its ordinary meaning without any sort of ambiguity. That jurisdiction given to the courts shall extend to all matters between persons or between government or authority and to any person in Nigeria and to all actions and proceedings relating thereto for the determination of any question as to the civil rights and obligations.”
PER ISTIFANUS THOMAS, J.C.A.
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