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STATUTE SETTING TRIAL TIME LIMIT IS VOID

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Dictum

Bello, JSC, (later CJN, now of blessed memory) in the case of Unongo v. Aku and Ors. (1983) 14 NSCC 563 at 577-578 thus – “One of the powers which has always been recognised as inherent in courts has been the right to control their internal proceedings and to so conduct the same that the rights of all suitors before them may be safeguarded in such a manner that all parties are given ample opportunity to prosecute or defend the cases for or against them without let or hinderance. The old adage that delay of justice is denial of justice has the same force as the maxim that hasty or hurried justice is also a denial of justice. On this account any statute which prescribes time limit within which a trial court must try and determine cases or within which an appeal court must hear and determine appeals is inconsistent with the provisions of Sections 4(8) and 6(9)(b) of the Constitution and is therefore void by virtue of Section 1(3) of the Constitution.”

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HE IS NOT ON TRIAL FOR THAT

The Appellant himself testified that he was a narcotics dealer, but he is not on trial for that. – Ogunwumiju JCA. Okeke v. State (2016)

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ASSESSMENT OF WITNESS IS WITHIN THE PROVINCE OF THE TRIAL COURT

In the case of Afolalu v. The State (2012) vol. 10 LRCNCC 30 at 40, ratio 13; (2010) 16 NWLR (Pt. 1220) 584, when this court held, inter alia, that: “The assessment of credibility of a witness is a matter within the province of the trial court as it is the only court that has the advantage of seeing, watching and observing the witness in the witness box. The court also has the liberty and privilege of believing him and accepting his evidence in preference to the evidence adduced by the defence. On the issue of credibility of witnesses, the appraisal of evidence and the confidence to be reposed in the testimony of any witness, an appellate court cannot on printed evidence usurp the essential function of the trial court which saw, heard and watched the witnesses testify.”

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A RETRIAL WILL NOT BE MADE WHERE THE PLAINTIFF FAILS TO PROVE HIS CASE

There are two options open to this court. 1. to remit the case to the trial court to be heard de novo by another judge, or 2. for this court to put itself in the shoes of the trial court and do what that court ought to have done after hearing arguments on the admissibility of both letters. It would be wrong to make an order of retrial if such an order would give the party that lost an opportunity a second time to prove what he failed to prove. A retrial should not be made where the plaintiff fails to prove his case and there is no substantial irregularity apparent on the record. See Thompson v. Arowolo (2003) 7 NWLR Pt.818 P.163 Solomon v. Magaji (1982) 11 SC. P.1. Wassah & Ors. v. Kara & Ors. (2014) – SC.309/2001

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A TRIAL IS A TEST OF FACT IN ISSUE

A trial is merely the finding out by due examination of witnesses or documents or both, the truth of a point in issue of a question in dispute whereupon a finding is made or judgment is given … A trial is a step in an action, prosecution or other judicial proceeding by which the questions of fact in issue are decided.

– Oputa, J.S.C. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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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)

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DISCIPLINARY PANEL CANNOT TRY OFFENCES IN THE CRIMINAL/PENAL CODE

The trial of erring students for criminal offences or breaches of the criminal code and penal code Laws are not within the jurisdiction conferred. Accordingly the purported investigation by the Investigating Panel and Disciplinary Board and the punishment meted out to the appellants cannot stand and are hereby declared a nullity … It is in the interest of the Government and every individual in this country that the guilt of crime should not be tagged on to any individual without a proper trial in courts of law known as such under the Constitution of the Federal Republic of Nigeria. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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