Alibi” is a Latin word which means “elsewhere”. When an accused person raises the defence of alibi, he is telling the court that he was not at the scene of crime. In other words, that he was at a named place or location at the time the offence for which he is charged was committed and could not have been at the scene of crime at the time the offence was committed. (P. 375, paras. D-E).
The fundamental object (purpose) necessitating the enactment of the Administration of Criminal Justice Act, 2015, is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant, and the victim. Also, the courts, law enforcement agencies and other authorities or persons involved in the Criminal Justice Administration shall ensure compliance with the provisions of the Act for the realization of its purposes. (P. 470, paras. C-F).
C.O.P. V. ABDULLAHI (2024) 8 NWLR (PT. 1940) 227 SC
ON INGREDIENTS OF DEFENCE OF ACCIDENT AND WHEN WILL AVAIL ACCUSED PERSON
For the defence of accident to avail an accused person, he must establish that:-
(a)The act was by accident.
(b) There was no criminal intention or knowledge.
(c) The act was done in the course of doing a lawful act in a lawful manner by a lawful means and with proper care and caution.
Section 97 of the Sheriffs and Civil Process Act states that every writ of summons for service under Part VII of the Act out of the State or the Capital Territory in which it was issued shall, in addition to any other endorsement or notice required by law of such State or the Capital Territory, have endorsed thereon a notice thus: “This summon (or as the case may be) is to be served out of the ………… State (or as the case may be) ……. and in the …… State (or as the case may be).”
Where registered voters could not vote due to no fault of theirs, it is said that they have been disenfranchised and if their votes are such as would likely sway the outcome of the election one way or the other, a fresh election ought to be conducted. It is only then that they would have the capability of showing that if their votes had been counted their candidate would have won or influenced the outcome of the election.
Where a plaintiff brings a claim for a liquidated money demand, the rules of court allow it to be brought under a peculiar procedure called the undefended list procedure. The purpose of the procedure is to enable a plaintiff obtain summary judgment without going into a lengthy trial if he can prove his claim clearly and if the defendant is not able to set up a bona fide defence on the merit. Where the defendant files a defence, the suit is transferred from the undefended list to the general cause list. It is an abridged procedure meant to enable the plaintiff obtain summary judgment without trial.
The registration of a trade mark may not in all cases provide a complete defence to an action for infringement of trade mark or passing off. The basis of the concept and principle of passing off action is that a man is not to sell his own goods under the pretense that they are the goods of another man. There is no reason why a registered owner of a trade mark should be allowed to deceive purchasers into the belief that they are getting the goods of another while they would be buying the goods of the former which they never intended to do.
Negligence is said to be omission or failure to do something which a reasonable man, under similar circumstances, would do or doing of something which a reasonable and prudent man would not do. Put differently, negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.
A customary tenancy involves the transfer of an interest in land from the customary landlord or overlord to the customary tenant, and which interest entitles the customary tenant to exclusive possession of the land and, subject to good behaviour, he holds in perpetuity. [Akinbade v. Babatunde (2018)7 NWLR (Pt. 1618) 366; Dashi v. Sat long (2009) 5NWLR (Pt. 1134) 281; Lasisi v. Tubi (1974) 12 SC 71; Ejeanalonye v. Omabuike (1974) 1 All NLR 295 referred to.] (Pp. 422-423, paras. H-B).
By the doctrine of stare decisis, every inferior court is bound by the decision of a superior court of record and must apply it, however sure it may be that it was wrongly decided. The place of precedent, the doctrine of stare decisis, in adjudication is an eminent one.
