ADEYEMO ABIODUN V FEDERAL REPUBLIC OF NIGERIA (2018)

ADEYEMO ABIODUN V FEDERAL REPUBLIC OF NIGERIA

(2018) LCN/4588(SC)

In the Supreme Court of Nigeria

Thursday, February 15, 2018


Case Number: SC. 531/2016

 

JUSTICES:

OLUKAYODE ARIWOOLA

KUMAI BAYANG AKA’AHS

AMINA ADAMU AUGIE

EJEMEBI EKO

PAUL ADAMU GALINJE

 

APPELLANTS

ADEYEMO ABIODUN

 

RESPONDENTS

FEDERAL REPUBLIC OF NIGERIA

 

COUNSELS

Mr. Osaro Eghobamien, SAN with|Mr. Pius Owhoavwodua Esq. for the Appellant.|Chief Mike Ozekhome SAN with Godwin Iyinbor Esq; Kasiemobi Oramigo Esq.;|Harrison Obi Esq. and Miss Uche Ouchi Vivian, Esq. for the Respondent.|||

 

PURPOSE OF A REPLY BRIEF

“The reply brief is a repeat of the Appellant’s argument in his brief of argument. It is therefore needless to consider it as the essence of a reply brief is to give the appellant an opportunity to react to new issues in the Respondent’s brief of argument.”

RECORDS OF COURT

“The lower court was entitled to look into any document in its record and make use of it in order to arrive at a just decision. When a document is in the record of the court, it cannot be a new issue on which a judge is precluded from looking at. This court has in a number of decided cases held that a court of law is entitled to look into its record and make use of any document it considers relevant in determining issues before it. See Fumodoh vs Aboro (1991) 9 NWLR (Pt. 214) 2010 at 229; Agbareh & Anor vs Mimra & 2 Ors (2008) 2 NWLR (Pt, 1011) 378 at 411 – 412; Badejo vs Minister of Education (1996) 9 -10 SCNJ 51.”

DUTY OF THE COURT TO EVALUATE EVIDENCE BEFORE IT

“In the course of evaluation of evidence, a court of law is entitled to make deductions from the evidence before the court which deduction may result in conclusions based on proper appraisal of that evidence. Where deductions are based on the evidence before the trial court by the lower court this court has no reasons to interfere with such deductions. See Cypiacus Nnadozie & Ors vs Nze Oqbunelu Mbagwu (2008) 3 NWLR (Pt.1074) 363 at 387.”

WHO IS AN EXPERT?

“An expert is a person who is specially skilled in the field which he is giving evidence, and whether or not a witness can be regarded as an expert is a question of law for the judge to decide”.

WHEN IS IT NECESSARY TO OBTAIN AN EXPERT OPINION

“Expert opinion is only necessary where the expert can furnish the court with scientific or other information of a technical nature that is likely to be outside the experience and knowledge of the Judge.”

MEANING OF “INTENTION”

“Intention is defined by the Black’s Law Dictionary 6th Edition as a determination to act in a certain way or to do a certain thing. A state of mind in which a person seeks to accomplish a given result through a course of action.”

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