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WHERE ALLEGATION OF CRIME IS IN ISSUE IN CIVIL PROCEEDINGS

Dictum

In the present case, the perpetration of criminal acts being directly in issue, the plaintiff/respondent, to succeed, must establish its case beyond all reasonable doubt. See Okuarume v. Obabokor (1966) NMLR 47, Benson Ikoku v. Enoch Oli (1962) All NLR 194, Nwobodo v. Onoh (1984) 1 S.C.N. LR. 1 and Anyah v. A.N.N. Ltd. (1992) 6 NWLR (Pt. 247) 319 at page 333. Both the trial court and the court below were satisfied that plaintiff/respondent’s case against the appellants was proved beyond all reasonable doubt.

— Iguh, JSC. Kossen v Savannah Bank (1995) – SC.209/89

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CRIMINAL ALLEGATIONS ARE NOT TO BE TREATED AS INTERNAL AFFAIR OF A UNIVERSITY

It should be observed and noted that students in all our universities and institutions of higher learning are not above the law of the land and where obvious cases of breaches of our criminal and penal laws have taken place, the authorities of the university are not empowered to treat the matter as an internal affair. Both the students and the authorities of the universities owe the nation a duty to observe the laws of the land and avoid injustice to anyone. Without subjecting any criminal allegation against any student to the machinery provided by the state for ascertaining the truth of the allegation, a very painful denial of fundamental right is inflicted on the students howbeit laudable or sympathetic the intention of the authorities might be.

– Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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WAYS IN WHICH A CRIMINAL ALLEGATION MAY BE PROVED

Again, counsel are right that in discharging the burden, the law places on the respondent herein to prove the case against the accused by relying on: – (a) The direct evidence of eye witnesses. (b) Circumstantial evidence and/or (c) The confessional statement of the accused. See Olabode Abirifon V. The State (2013) 13 NWLR (Pt. 1372) 587 and Freeborn Okiemute V. The State (2016) LPELR-40639 (SC).

— M.D. Muhammad, JSC. Mati Musa v The State (2019) – SC.902/2014

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MERE ALLEGATION IN COURT HOLDS NO WATER

All they are saying is that it was not the late Ukeje who gave information for the registration of the birth of the Respondent in 1952. But, where is the evidence? It is not enough for a party to make an allegation before a court, he must lead credible evidence to prove same.

– Inyang Okoro, JSC. Ukeje v. Ukeje (2014)

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