COMPREHENSIVE INDEX TO ALL SUPREME COURT 2012 DECISIONS

ACTIONS - Academic suit - Meaning - A suit is academic when it is merely theoretical - And of no practical utilitarian value to plaintiff - Even if judgment is given in his favour (H6) NDP v. INEC (2012) 12 KLR (pt. 320) 3901; (2013) 6 NWLR (PT.1350) 392

ACTIONS - Admiralty - Action in rem - Meaning - It is a proceeding against an arrested ship - In which the owner is compelled to enter appearance - To defend the ship (H1) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Appeals - Consistency - Without obtaining amendment from court - A party has to be consistent in his case - From lower to appellate court (H5) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

ACTIONS - Appeals - Courts - Abuse of process - Appellant abused the process of court - By instituting this suit as election petition matter - When she has a similar pending suit at the Federal high court (H4) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237

ACTIONS - Appeals - Hearing - Preliminary objection to - Success of - Will bring the litigation to an end - If dismissed - The Appeal will be determined on merit (H1) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

ACTIONS - Appeals - Need for consistency - A party must be consistent in its case - And an appeal is regarded as a continuation of the original action - Rather than an inception of a new suit (H2) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237

ACTIONS - Appeals - Need for consistency - Party must be consistent in his case - As it is unstable of 3rd respondent to admit paras 1-17 of supporting affidavit - But denied para 13 of same (H2) Eyiboh v. Abia (2012)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

ACTIONS - Appeals - Parties - Right of appeal - 1999 Constitution s. 233(5) - The right is reserved to party - Aggrieved at decision in a proceeding (H1) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

ACTIONS - Appeals - Right of appeal - Undefended list - 1999 Constitution s. 241(2)(a) - No right of appeal exists against order of court - Transferring suit from the list to general cause list (H7) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Appeals - Term of office - Reliefs claimed - Propriety of refusal - Appellants no longer have enforceable rights - As their tenure of office had ceased to exist on 24^th May 2010 (H2) Adepoju v. Yinka (2012) 1 KLR (pt. 304) 37; (2012) 3 NWLR (PT.1288) 567

ACTIONS - Appeals - Undefended suit - Defence to - Federal High Court Rules O.3 rr. 11&12 - Failure to comply - Effect - Appellants are deemed to have no defence (H1) MC Invest. Ltd. v. Core Invest. & Capital Market Ltd. (2012) 6 KLR (pt. 314) 2235; (2012) 12 NWLR (PT.1313) 1

ACTIONS - Banking - Claim for interest - Exhibit E - Not pleaded - Since appellant did not plea the exhibit - It is deemed that same was not intended - To guide transaction between the parties (H7) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

ACTIONS - Bills of lading - Contract - Notify party - Right of action - He cannot sue because he is not a party to the contract - But merely a person to be notified of the arrival of the goods (H3) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Bills of lading - Parties to - It is a contract for carriage of goods by sea - Between ship-owner and consignor on one part - And consignee on the other - Which allows only parties therein to sue on it (H2) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Carriage of goods by sea - Contract - Negligence - Right of action - Where damage to goods occurred during discharge operation - The owner can sue stevedores and their principals (H9) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Cause of action - Applicable law - Is the law as at the time when the cause of action arose - And the suit was initiated (H5) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

ACTIONS - Cause of action - Applicable law - Is the law in force at the time of pendency of a suit - And not the procedural law in force when a cause of action arose (H3) Olaleye-ote v. Babalola (2012) 11-12 KLR (pt. 319) 3637; (2012) 6 NWLR (PT.1297) 574

ACTIONS - Cause of action - Applicable law is the law in force at the time cause of action arose - And not the law at the time the jurisdiction of court is invoked (H5) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82

ACTIONS - Cause of action - Meaning - It refers to entire set of facts that give rise to enforceable claim - Comprising of every fact which if traversed - Plaintiff must prove to entitle him to judgment (H1) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82

ACTIONS - Cause of action - Meaning - These are facts giving rise to enforceable claim - Including things necessary to give right of action - And material facts that entitle plaintiff to succeed (H1) Sulgrave v. FGN (2012) 12 KLR (pt. 321) 4565; (2012) 17 NWLR (PT.1329) 309

ACTIONS - Cause of action - Meaning - This is fact which gives rise to right to sue in court - And it includes every material fact - Which has to be proved to entitle plaintiff to succeed (H2) Uwazuruonye v. Gov. Imo State (2012) 11-12 KLR (pt. 319) 3415; (2013) 8 NWLR (PT.1355) 28

ACTIONS - Chieftaincy matters - Appeals - Actions - Pleadings - Proof - Plaintiff must rely on strength of his case - And not on weakness of defence (H1) Akande v. Adisa (2012) 5 KLR (pt. 311) 1681; (2012) 15 NWLR

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

(PT.1324) 538

ACTIONS - Civil matters - Proof - Standard of - Civil suits are determined on preponderance of evidence - And balance of probability - As he who asserts must prove (H5) Iseogbekun v. Adelakun (2012) 11-12 KLR (pt. 319) 3573; (2013) 2 NWLR (PT.1337) 14

ACTIONS - Claim - Jurisdiction - Determination - Basis - Jurisdiction is determined by plaintiff's claim - Which should carefully be examined (H4) Gbagbarigha v. Toruemi (2012) 12 KLR (pt. 321) 4355; (2013) 6 NWLR (PT.1350) 289

ACTIONS - Commencement - Correctness of - Since Exhibit E was obtained on 16/9/94 - Action initiated on 24/3/95 was commenced within 12 months - Prescribed under s.72(1) Nigeria Ports Act (H2) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454

ACTIONS - Commencement - Court processes - Jurisdiction - Failure to commence action with valid processes - Affects exercise of court's jurisdiction in the matter (H1) Braithwaite v. Sky Bank Plc (2012) 9-12 KLR (pt. 318) 3087; (2013) 5 NWLR (PT.1346) 1

ACTIONS - Commencement - Manner - Form of commencement is not enough to vitiate an action - If the ends of justice would be compromised - By such technical application of rules (H1) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448

ACTIONS - Commencement procedure - Competence - Form of commencement does not make an action incompetent - As what is important is the justice of the case (H3) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337

ACTIONS - Consistency - Need for - Parties as well as counsel must be consistent in the presentation of their case - Both at trial and appellate courts (H6) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Constitution - Time fixed - Adherence - Such time cannot be extended beyond constitutional provisions - And non compliance robs court

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

of jurisdiction over an action (H4) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147

ACTIONS - Court processes - Abuse - Characteristics - Saraki v. Kotoye - Abuse arises in improper use of judicial process by party - To interfere with due administration of justice (H2) TSA Ind. Ltd. v. FBN (2012) 12 KLR (pt. 320) 4055; (2012) 14 NWLR (PT.1320) 326

ACTIONS - Court Processes - Legal practitioners - Signature - Since the processes were not signed by person cognizable as legal practitioner - The action should be struck out (H6) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

ACTIONS - Court processes - Originating summons - Application - Doherty v. Doherty - The summons is not available for actions - Where the facts are in dispute - And can be used in interpretation of contracts documents Constitution (H6) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

ACTIONS - Courts - Actions - Reliefs - Alternative claim - Award of - Court will make order in respect of the claim - Where main claim fails (H11) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291

ACTIONS - Courts - Competence - Basis - Court is competent in a suit - When it is properly constituted - The subject matter being within its jurisdiction - And the case is initiated by due process of law (H12) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

ACTIONS - Courts - Competence - Basis - Court's competence in a case depends on - The suit being initiated by due process of law - Before a properly constituted panel - With no feature preventing exercise of jurisdiction (H2) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534

ACTIONS - Courts - Competence - Court is competent to entertain a case - When it has unfettered jurisdiction over the subject matter - With a properly constituted judicial membership (H3) Dangana v. Usman (2012) 2 KLR (pt. 306) 577; (2013) 6 NWLR (PT.1349) 50

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Courts - Competence - Court must ensure its competence - And that of matters presented to it - For adjudication (H8) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

ACTIONS - Courts - Competence - Madukolu v. Nkemdilim - Court is competent to entertain a case - When it has unfettered jurisdiction over the subject matter - With a properly constituted judicial membership (H2) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

ACTIONS - Courts - Competence of - A court is competent to entertain a case - When the subject matter of the action is within its jurisdiction - And the action is initiated by due process of law (H3) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

ACTIONS - Courts - Declaratory action - Proof - Plaintiff must show existence of subsisting or future legal right - Court is prepared to recognize - And that same is contested (H4) A-G Cross-River State v. A-G Fed. (2012) 7 KLR (pt. 317) 2717; (2012) 16 NWLR (PT.1327) 425

ACTIONS - Courts - Failure to raise triable issue - Court can in appropriate case - Draw conclusions from pleadings - And enter judgment for a party (H3) Unity Bank Plc v. Denclag Ltd. (2012) 3 KLR (pt. 309) 1427; (2012) 18 NWLR (PT.1332) 293

ACTIONS - Courts - Jurisdiction - Actions - Commencement procedure - Since originating summons cannot properly initiate the matter - Court can convert the summons and order pleadings (H4) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337

ACTIONS - Courts - Jurisdiction - Determination - Existing law - The law in force at time of trial - Based on cause of action - Determines court with jurisdiction (H6) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291

ACTIONS - Courts - Jurisdiction - Determination of - Basis - It is the claim of plaintiff - That court should examine to determine whether or not it has jurisdiction - To entertain the action (H4) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Courts - Jurisdiction - Undefended list - Transfer to general list - Anambra State High Court Rules O. 24 r. 9(5) - At any stage of the proceedings - Court can order the suit to be so transferred (H3) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1

ACTIONS - Courts - Land law - Title - Grant - Appellant cannot be granted title - Without a proper hearing and determination of the suit - By the court (H3) Oronti v. Onigbanjo (2012) 5 KLR (pt. 311) 1825; (2012) 12 NWLR (PT.1313) 23

ACTIONS - Courts - Need to determine on merit - Court must jealously guard its jurisdiction - To hear and determine a case on the merits (H1) Adepoju v. Yinka (2012) 1 KLR (pt. 304) 37; (2012) 3 NWLR (PT.1288) 567

ACTIONS - Courts - Pleadings - Binding nature of - Courts are bound by pleadings before them - And should confine themselves - To the case presented by parties (H4) Ohochukwu v. A-G Rivers State (2012) 2 KLR (pt. 307) 885; (2012) 6 NWLR (PT.1295) 53

ACTIONS - Courts - Processes - Abuse - Need to avoid - Case ought to be determined within reasonable time - As no court would allow party - To abuse it (H3) Chidoka v. First City Finance Co. Ltd. (2012) 7 KLR (pt. 316) 2585; (2013) 5 NWLR (PT.1346) 144

ACTIONS - Courts - Undefended list - Transfer to general list - Basis - Where a judge is satisfied that there is triable issue - The suit must be transferred to general list (H4) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1

ACTIONS - Courts processes - Abuse - Determination - Conditions - To constitute abuse - Multiplicity of suits must have been instituted by a person - Against his opponent on same facts (H2) R-Benkay Nig. Ltd. v. Cadbury Nig. Ltd. (2012) 3 KLR (pt. 309) 1383; (2012) 9 NWLR (PT.1306) 596

ACTIONS - Crime - Fraud - Proof - Where allegation of commission of crime is an issue - The same must be proved beyond reasonable doubt (H1) Otukpo v. John (2012) 11-12 KLR (pt. 319) 3667; (2012) 7 NWLR (PT.1299)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

357

ACTIONS - Crime - Proof - Criminal act of cross respondent is mere allegation - And under s. 465 Criminal Code - It must be proved beyond reasonable doubt - That exhibit A was forged (H8) Marine Mgt. Asso. v. N.M.A. (2012) 12 KLR (pt. 320) 3863; (2012) 18 NWLR (PT.1333) 506

ACTIONS - Declaratory action - Purpose - Such action is to seek equitable relief - Whereby plaintiff prays court to exercise its jurisdiction - By declaring existing state of affairs in his favour (H3) A-G Cross-River State v. A-G Fed. (2012) 7 KLR (pt. 317) 2717; (2012) 16 NWLR (PT.1327) 425

ACTIONS - Declaratory reliefs - Grant - Without evidence from claimant - Court does not grant such relief - As plaintiff succeeds on the strength of his case (H8) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

ACTIONS - Declaratory reliefs - Need to prove - Appellant has the burden - To establish the seven declaratory reliefs - He claimed (H3) Emenike v. PDP (2012) 5 KLR (pt. 311) 1717; (2012) 12 NWLR (PT.1315) 556

ACTIONS - Doctrine of severance - Civil & criminal allegations - Where civil allegations are severable from criminal allegation - A party can succeed on his civil allegation - If proved (H9) Gundiri v. Nyako (2012) 11-12 KLR (pt. 319) 3341

ACTIONS - Documents - Rejection - Effect - Document rejected in evidence - Cannot be of any relevance in a matter - And its contents cannot fare better (H6) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454

ACTIONS - Election petitions - Courts - Appeals - Final judgment - Meaning - Such judgment disposes of rights of parties - And puts an end to the action (H9) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

ACTIONS - Elections - Inconsistency - Need to avoid - A party should be consistent - In stating as well as in proving its case (H8) Emenike v. PDP (2012) 5 KLR (pt. 311) 1717; (2012) 12 NWLR (PT.1315) 556

ACTIONS - Elections - Joinder of party - Condition - Party wishing to be

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

joined in existing action - Must have direct or legal interest in same (H3) Bala v. Dikko (2012) 9-12 KLR (pt. 318) 3049; (2013) 4 NWLR (PT.1343) 52

ACTIONS - Elections - Pre-election matters - Courts - Jurisdiction - Joinder of electorates - Electorates cannot be rightly joined - In suit involving candidates in primary election (H2) Nwaogu v. Owuala (2012) 9-12 KLR (pt. 318) 3187

ACTIONS - Estoppel - Application - Since parties and subject matter in earlier suit - Are not different from those of present suit - Appellant is properly stopped from pursuing the appeal (H3) Mezu v. Co-operative & Commerce Bank Plc (2012) 7 KLR (pt. 317) 2831; (2013) 3 NWLR (PT.1340) 188

ACTIONS - Evidence - Admitted facts - Effect - Appellant's earlier position that the property belongs to the company - Stands against his present posture (H1) Mezu v. Co-operative & Commerce Bank Plc (2012) 7 KLR (pt. 317) 2831; (2013) 3 NWLR (PT.1340) 188

ACTIONS - Fair hearing - Application - It applies to live suit - And not to case that is dead by effluxion of time - As in this case (H2) Akpanudoedehe v. Akpabio (2012) 6 KLR (pt. 314) 2211; (2013) 7 NWLR (PT.1354) 485

ACTIONS - Fair hearing - Breach - Adjournments - Where opportunity to present case was granted - But appellants failed to utilize it - They cannot be heard to complain of denial of fair hearing (H3) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

ACTIONS - Filing - Limitation - Where actions are brought against public officials - Same must be filed within 3 months after cause of action accrued (H15) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

ACTIONS - Fundamental rights - Enforcement - Leave - By O. 1 r. 2(2) Fundamental Rights Rules 1979 - Leave must be obtained - Before applicant can enforce the rights (H13) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Injunctions - Perpetual injunction - Purpose - The injunction is used to permanently prevent infringement of rights - And avoid multiplicity of suits (H10) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291

ACTIONS - Judgment - Debt - Interest payable - Limitation - Bauchi State High Court Rules O.40 r.7 - Application of interest cannot be - Overtaken by effluxion of time (H2) Unity Bank Plc v. Denclag Ltd. (2012) 3 KLR (pt. 309) 1427; (2012) 18 NWLR (PT.1332) 293

ACTIONS - Judgments - Jurisdiction - Court processes - Defect in - As the processes have been voided as being nullities - Decisions arising therefrom are nullities (H11) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

ACTIONS - Judgments - Meaning of - Judgment is court's final determination of - Rights and obligations of parties in a case - And it includes any order from which appeal lies (H2) Ugba v. Suswam (2012) 6 KLR (pt. 314) 2345; (2013) 4 NWLR (PT.1345) 427

ACTIONS - Judgments - Reliefs - Statute of limitation - Use of - Party invoking such statute - Is bound to specify reliefs in previous judgment - Which a latter suit seeks to enforce (H1) Purification Tech. Nig. Ltd. v. Jubril (2012) 6 KLR (pt. 313) 2157; (2012) 18 NWLR (PT.1331) 109

ACTIONS - Judgments - Res judicata - Application - Since the judgment upon which estoppel per rem judicatam was based is void - The doctrine cannot be applied in present suit (H6) Adeyemi-Bero v. L.S.D.P.C. (2012) 12 KLR (pt. 320) 3743; (2013) 8 NWLR (PT.1356) 238

ACTIONS - Judgments - Valid judgment - Ingredients - Judgment should set out and review action presented by parties - In relation to applicable laws - As well as gives reasons for conclusions reached (H6) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

ACTIONS - Judgments - Validity - Actions - Statute barred - Limitation Law of Lagos s. 12(2) - Judgment in suit no. LD/1213/76 can be pleaded and relied upon - Though action brought upon same is statute barred (H3) Purification Tech. Nig. Ltd. v. Jubril (2012) 6 KLR (pt. 313) 2157; (2012) 18 NWLR (PT.1331) 109

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Judicial precedents - Authorities - Distinction - A-G Plateau State v. A-G Nasarawa State - Since facts of the case law is different from that of present action - Holden therein cannot be relied upon as res judicata (H4) A-G Nasarawa State v. A-G Plateau State (2012) 3 KLR (pt. 308) 1011; (2012) 10 NWLR (PT.1309) 419

ACTIONS - Judicial precedents - Authorities - Distinction - Ogwuche v. Mba - The case law is not a precedent - To the present case - Since both cases are predicated on different issues (H2) Fidelity Bank Plc v. Monye (2012) 3 KLR (pt. 309) 1203; (2012) 10 NWLR (PT.1307) 1

ACTIONS - Jurisdiction - Absence of - Effect - Where court lacks jurisdiction in a case - The proceedings therein remain nullity ab initio (H2) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291

ACTIONS - Jurisdiction - Federal High Court - 1999 Constitution s. 251(1)(q) - The court has jurisdiction over actions - Involving Federal Government or any of its agencies (H5) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

ACTIONS - Jurisdiction - Fundamental nature - Once the issue is raised - Court must not order against defendant - Until the issue is settled (H12) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Jurisdiction - Fundamentality of - It is to be determined at earliest opportunity - Because if a court lacks jurisdiction over a case - The proceeding remains a nullity ab initio - No matter how well conducted (H2) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

ACTIONS - Jurisdiction - Waiver - Instance of - Waiver of procedural jurisdiction occurs - When a litigant submits to jurisdiction of court - In spite of his misgiving of initiating process (H2) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448

ACTIONS - Land law - Appeals - Need for consistency - Respondents must be consistent in their case - Since Appellate court cannot go - Outside

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

issues settled by trial court (H4) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

ACTIONS - Land law - Disputed land - Lis pendens - Application - Outcome of pending suit is irrelevant - Since a purchaser who buys property in litigation - Does so at his own risk (H2) Oronti v. Onigbanjo (2012) 5 KLR (pt. 311) 1825; (2012) 12 NWLR (PT.1313) 23

ACTIONS - Land law - Identity of land - Purpose - This is to ascertain the property in litigation - So as to avoid granting of land - To a party who is not entitled to same (H2) Iseogbekun v. Adelakun (2012) 11-12 KLR (pt. 319) 3573; (2013) 2 NWLR (PT.1337) 14

ACTIONS - Land law - Lis pendens - Application - Bua v. Dauda - It must be shown inter alia - That suit on the disputed property - Was pending at the time of sale (H1) Oronti v. Onigbanjo (2012) 5 KLR (pt. 311) 1825; (2012) 12 NWLR (PT.1313) 23

ACTIONS - Land law - Locus standi - Notice of acquisition - Right to seek for nullification of the notice - Does not reside in person who is not owner or occupier of the land (H8) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291

ACTIONS - Land law - Proof - Onus - Proof is on preponderance of evidence - And onus is on party who will fail - If no evidence is adduced on either side (H6) Ayorinde v. Sogunro (2012) 5 KLR (pt. 312) 1895; (2012) 11 NWLR (PT.1312) 460

ACTIONS - Land law - Public land - Acquisition - Cause of action - Computation - Public Land Acquisition Law of Lagos State - Right of action accrues from date - The acquisition is published in gazette (H3) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Land law - Public land acquisition - Proper party - The State government must be made a party - In suits bordering on acquisition - And service of notice thereof (H4) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Land law - Trespass - Damages - Award of - Where damages are awarded for trespass - And there is claim for injunction - Court will

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

grant same - To prevent multiplicity of actions (H7) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

ACTIONS - Legal practitioners - Case law - Citation - Counsel must cite case with clarity - Providing inter alia name of the law report - Or a certified true copy - Where case is unreported (H1) Chidoka v. First City Finance Co. Ltd. (2012) 7 KLR (pt. 316) 2585; (2013) 5 NWLR (PT.1346) 144

ACTIONS - Legal practitioners - Negligence - Conduct of case - Counsel is master of his case - As he may decide not to call witness - Or cross-examine witness of the other party - But may be sued for professional negligence (H2) Chidoka v. First City Finance Co. Ltd. (2012) 7 KLR (pt. 316) 2585; (2013) 5 NWLR (PT.1346) 144

ACTIONS - Legislation - Amendment - Effect on right of action - Decree No.107 of 1993 - An existing right is not lost - Where new law transfers jurisdiction of court (H5) Goldmark Nig. Ltd. v. Ibafon Co. Ltd. (2012) 3 KLR (pt. 309) 1251; (2012) 10 NWLR (PT.1308) 291

ACTIONS - Limitation - Determination - Basis - It is determined from when cause of action accrued - And date of commencement of suit - As well as period of limitation in statute (H2) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Limitation - Land law - Continuing trespass - The action is not statute barred - Since the trespass continued - Until when the action was instituted (H3) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

ACTIONS - Limitation - Land law - Lagos State Limitation Law s.16 (2) - Action for recovery of land - Cannot be validly instituted after 12 years - From the date cause of action accrued (H1) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Limitation - Preliminary objection - Purpose - Objection is to show court that action is statute barred - And that plaintiff has no locus standi - Hence court must address the issue first (H7) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Limitation - Public Officers (Protection) Act - Effect - Where

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

statute prescribes a period for institution of action - Any action instituted after the period - Is totally barred (H1) A-G Rivers State v. A-G Bayelsa State (2012) 7 KLR (pt. 316) 2519; (2013) 5 NWLR (PT.1340) 123

ACTIONS - Limitation - Public Officers Protection Law s.2 - Actions against public officers - Shall be brought within 3 months of the act complained of (H5) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Locus standi - Absence of - Effect - The suit is incompetent - And court lacks jurisdiction to entertain same - Save to give an order of dismissal (H10) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Locus standi - Determination - Principles & Tests - Party must show that his rights have been infringed - And the action must be justiciable - As well as an existence of dispute (H9) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Locus standi - Lack of - Proper order to make - Is to strike out the suit - Hence Court of Appeal was right in its decision (H10) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Locus standi - Legal practitioner - Appellant's engagement in active legal practice without more - Does not confer on him any cause of action - Or locus standi to institute the action (H4) Uwazuruonye v. Gov. Imo State (2012) 11-12 KLR (pt. 319) 3415; (2013) 8 NWLR (PT.1355) 28

ACTIONS - Locus standi - Meaning - Locus standi is legal right of party - To institute an action in court - Without any inhibition (H8) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ACTIONS - Locus standi - Proof - Duty on plaintiff - Statement of claim must disclose sufficient legal interest - And how such interest arose in the subject matter of the action (H4) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Locus standi - Test - How determined - The action must be justifiable - And there must be a dispute between the parties (H5) Pacers

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

ACTIONS - Nature - Determination of - It is appellant's claim that determines the nature and competence of a suit - Thus appellant's claim is for declaration of title - And not breach of fair hearing (H4) Amale v. Sokoto L. G. (2012) 1 KLR (pt. 304) 99; (2012) 5 NWLR (PT.1292) 181

ACTIONS - Necessary party - Failure to join - Effect - Presence of such a party is apt for complete adjudication of the matter - And any judgment made behind the party - Will be to no avail (H1) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

ACTIONS - Nullification - Effect - Once an action or order is nullified by a court - Then the same is deemed void ab initio (H2) Marwa v. Nyako (2012) 1 KLR (pt. 305) 231; (2012) 6 NWLR (PT.1296) 199

ACTIONS - Nullity - Need to pronounce - Court is required to declare an act void - Otherwise it remains valid and binding (H3) Marwa v. Nyako (2012) 1 KLR (pt. 305) 231; (2012) 6 NWLR (PT.1296) 199

ACTIONS - Orders of court - Interim order - Duration - Such order exists pending determination of suit or motion on notice - And its expiration does not affect the purpose thereof (H4) Kubor v. Dickson (2012) 9-12 KLR (pt. 318) 3121; (2013) 4 NWLR (PT.1345) 534

ACTIONS - Parties - Joinder of party - Purpose - Joinder of party in suit is to make that person - Bound by the result of the suit and question to be settled (H6) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82

ACTIONS - Parties - Pleadings - Binding nature of - Party must state his complaints and remedy in statement of claim - Because any matter outside same - Goes to no issue (H8) Ohochukwu v. A-G Rivers State (2012) 2 KLR (pt. 307) 885; (2012) 6 NWLR (PT.1295) 53

ACTIONS - Party - Locus standi - Precondition - To have locus standi to sue - Party must show sufficient interest in the suit - Such that he will suffer injury from the litigation - If not joined (H6) Uwazuruonye v. Gov. Imo State (2012) 11-12 KLR (pt. 319) 3415; (2013) 8 NWLR (PT.1355) 28

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Pleadings - Statement of claim - Relevance - It supersedes writ of summons - As such any relief claimed in the writ but not claimed in the statement of claim - Is deemed abandoned (H1) Stowe v. Benstowe (2012) 1 KLR (pt. 305) 457; (2012) 9 NWLR (PT.1306) 450

ACTIONS - Proof - Standard of - Actions are proved on preponderance of evidence - And balance of probabilities (H9) Ohochukwu v. A-G Rivers State (2012) 2 KLR (pt. 307) 885; (2012) 6 NWLR (PT.1295) 53

ACTIONS - Public Officers Protection Act s. 2(a) - Defence - The defence is available where a person is public officer - And the act was done in execution of his duty (H3) Sulgrave v. FGN (2012) 12 KLR (pt. 321) 4565; (2012) 17 NWLR (PT.1329) 309

ACTIONS - Reasonable cause of action - Meaning - This is cause of action which when only allegation in statement of claim are considered - Have some chances of success (H3) Uwazuruonye v. Gov. Imo State (2012) 11-12 KLR (pt. 319) 3415; (2013) 8 NWLR (PT.1355) 28

ACTIONS - Rules of court - Binding nature - The rules are for compliance of court and parties - Since they regulate matters in court - As well as help parties in prosecution of cases (H2) MC Invest. Ltd. v. Core Invest. & Capital Market Ltd. (2012) 6 KLR (pt. 314) 2235; (2012) 12 NWLR (PT.1313) 1

ACTIONS - Statutes - Amendment vide s. 1 of the Edict made while litigation is on - Would have no legal effect on that matter - As it would be subjudice (H4) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82

ACTIONS - Statutes - Limitation - Public Officers Protection Act s. 2(a) - Action against public officer must be brought - Within 3 months of act or default - Otherwise the cause of action is statute-barred (H2) Sulgrave v. FGN (2012) 12 KLR (pt. 321) 4565; (2012) 17 NWLR (PT.1329) 309

ACTIONS - Statutes - Public Officers (Protection) Act - Application - Conditions precedent - For the Act to avail a person - Action must be against public officer - And the act done must be in pursuance of public duty (H2) A-G Rivers State v. A-G Bayelsa State (2012) 7 KLR (pt. 316) 2519; (2013)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

5 NWLR (PT.1340) 123

ACTIONS - Technicalities - Court processes - Wrong naming - The use of the word refinery or refining interchangeably - Did not overreach respondent - In absence of any earlier complaint (H2) Agbule v. Warri Refinery (2012) 11-12 KLR (pt. 319) 3435; (2013) 6 NWLR (PT.1350) 318

ACTIONS - Torts - Slander - Proof - Slander is actionable without proof of damages - Being required of plaintiff to succeed in the action (H5) Oruwari v. Osler (2012) 12 KLR (pt. 320) 3941; (2013) 5 NWLR (PT.1348) 535

ACTIONS - Torts - Slander - Translation - For a cause of action to arise - Slander uttered in foreign language must firstly be set out in the original language - Followed by literal translation to English (H1) Oruwari v. Osler (2012) 12 KLR (pt. 320) 3941; (2013) 5 NWLR (PT.1348) 535

ACTIONS - Trespass - Basis - Trespass to land is actionable - At the suit of person in possession of the land (H6) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

ACTIONS - Trespass - Continuing trespass - Statute of Limitation - Applicability - The plea of limitation does not constitute defence - To continuing acts of trespass (H2) Obueke v. Nnamchi (2012) 5 KLR (pt. 311) 1801; (2012) 12 NWLR (PT.1314) 327

ACTIONS - Undefended list - Commencement - Application for writ of summons for claim for liquidated money demand - Is accompanied by affidavit - Setting out grounds for the claim (H1) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Undefended list - Defence - Defendant who wishes to defend the action - Must disclose his intention to registrar - With affidavit disclosing defence on merit (H3) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Undefended list - Determination - Court must consider notice of intention to defend - And examine if plaintiff has established prima facie claim - In the affidavit (H1) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ACTIONS - Undefended list - Ex parte hearing - Court can hear application for such action ex parte - And can enter the suit in the list - Where it is satisfied that there is no defence to plaintiff's claim (H2) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Undefended list - Fair hearing - Parties are taken to have been heard - By virtue of affidavits filed - Which are considered by court before deciding to adopt a procedure (H5) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Undefended list - Leave to defend - Where leave is granted by court - The action is automatically removed from the list - To general cause list (H4) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Undefended list - Transfer to general list - Procedure - With order transferring suit to general list - Parties are expected to file their pleadings (H8) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

ACTIONS - Words & phrases - "Cause of action" - Meaning - The words connote totality of all material facts - Necessary to establish legal right in a case (H1) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454

ACTIONS - Words & Phrases - Court - "Judgment" - Definition - Judgment is the official and authentic decision of court - Upon rights of parties in an action (H4) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

ADJOURNMENTS - Appeals - Fair hearing - Breach - Adjournments - Counsel that treated a procedure as regular before trial court - Cannot be heard to object to same on appeal (H4) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

ADJOURNMENTS - Courts - Indian Hemp - Report Certificate - Service of - Evidence Act s.43 - Where the certificate is not served on adverse party ten days before usage in court - Adjournment may be granted (H3) Ugwanyi

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

v. FRN (2012) 3 KLR (pt. 309) 1407; (2012) 8 NWLR (PT.1302) 384

ADJOURNMENTS - Fair hearing - Appeals - Breach - Adjournment - Counsel who fails to utilize opportunity to be heard - Cannot complain of breach of same (H4) Gov. Zamfara State v. Gyalange (2012) 4 KLR (pt. 310) 1535; (2013) 8 NWLR (PT.1357) 462

ADJOURNMENTS - Fair hearing - Breach - Adjournments - Where opportunity to present case was granted - But appellants failed to utilize it - They cannot be heard to complain of denial of fair hearing (H3) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

ADJOURNMENTS - Fair hearing - Breach - Elections - Adjournments - Where opportunity to present case was granted - But appellant failed to utilize it - He cannot be heard to complain of denial of fair hearing (H1) ACN v. Lamido (2012) 2 KLR (pt. 306) 621; (2012) 8 NWLR (PT.1303) 560

ADMINISTRATIVE LAW - Actions - Limitation - Public Officers Protection Law s.2 - Actions against public officers - Shall be brought within 3 months of the act complained of (H5) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

ADMINISTRATIVE LAW - Election petitions - Party primaries & main election - INEC as electoral umpire - Must ensure compliance with Electoral Act - And guidelines of the party - As to maintain sanctity in electoral process (H6) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

ADMINISTRATIVE LAW - Elections - Election time table - Notice of - Under Electoral Act 2010 - INEC shall publish notice of activities not later than 90 days - Before the day appointed for holding an election (H3) NDP v. INEC (2012) 12 KLR (pt. 320) 3901; (2013) 6 NWLR (PT.1350) 392

ADMINISTRATIVE LAW - Legislation - Interpretation - Local Govt. Council - Tenure - Imo State Local Govt. Admin. Law s.23(1)(2) - Three years term is reserved for the council - From date the chairman takes oath of office (H1) Ehirim v. IMSIEC (2012) 4 KLR (pt. 310) 1521

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ADMINISTRATIVE LAW - National Judicial Council - Powers - 1999 Constitution para. 21(d) of pt.1 of 3^rd Schedule - Council can recommend persons for appointment and removal as judicial officers (H9) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

ADMINISTRATIVE LAW - Performance of duty - Regulated by statute - Where two methods or procedures for doing a thing are provided - A party can choose any of the methods so provided (H1) PDP v. INEC (2012) 11-12 KLR (pt. 319) 3693; (2012) 7 NWLR (PT.1300) 538

ADMINISTRATIVE LAW - Public Officers Protection Act s. 2(a) - Defence - The defence is available where a person is public officer - And the act was done in execution of his duty (H3) Sulgrave v. FGN (2012) 12 KLR (pt. 321) 4565; (2012) 17 NWLR (PT.1329) 309

ADMINISTRATIVE LAW - Trade Unions - National Industrial Court - Trade dispute - Manner of initiating - By 1976 Trade Dispute Act s. 10 - All matters within the competence of the court - Must be referred to the court by the Minister of Labour (H8) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

ADMIRALTY - Action in rem - Meaning - It is a proceeding against an arrested ship - In which the owner is compelled to enter appearance - To defend the ship (H1) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

AFFIDAVITS - Election petitions - Crime - Proof - Appellant must file further affidavit - Giving particulars of the dead delegates alleged to have died in violence (H4) Eyiboh v. Abia (2012) 12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

AFFIDAVITS - Actions - Undefended list - Commencement - Application for writ of summons for claim for liquidated money demand - Is accompanied by affidavit - Setting out grounds for the claim (H1) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

AFFIDAVITS - Actions - Undefended list - Defence - Defendant who wishes to defend the action - Must disclose his intention to registrar - With affidavit

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

disclosing defence on merit (H3) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

AFFIDAVITS - Appeals - Action - Need for consistency - Party must be consistent in his case - As it is unstable of 3rd respondent to admit paras 1-17 of supporting affidavit - But denied para 13 of same (H2) Eyiboh v. Abia (2012) 12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

AFFIDAVITS - Appeals - Extension of time - Application - Reason for - Since the supporting affidavit did not disclose cogent reason for delay - The application cannot be granted (H2) Audu v. Wada (2012) 9-12 KLR (pt. 318) 3039

AFFIDAVITS - Averments - Failure to deny - Effect - Since appellants failed to make proper denial - The averments of respondent are deemed admitted (H3) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

AFFIDAVITS - Conflicts - Resolution - It is not only from oral evidence that conflicts in affidavits would be resolved - As there are enough materials on which court could resolve conflict (H4) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448

AFFIDAVITS - Conflicts - Resolution - Where affidavits conflict - But there is documentary evidence in support of one - Court must examine it before coming to fair decision (H7) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

AFFIDAVITS - Damages - Special damages - Proof - Appellant has the burden - To strictly plead the professional fees - As stated in paragraph 20 of supporting affidavit (H2) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1

AFFIDAVITS - Deposition - Not challenged - Effect - Deposition in affidavit which is not controverted - Is deemed admitted (H6) Tukur v. Uba (2012) 7 KLR (pt. 316) 2651; (2013) 4 NWLR (PT.1343) 90

AFFIDAVITS - Deposition - Not denied expressly - Or by necessary implication - Should be deemed to be admitted (H3) Eyiboh v. Abia (2012) 12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

AFFIDAVITS - Depositions - Not controverted - Uncontroverted facts in affidavits are taken as true - And only minimal proof is required of them (H2) Plateau State Health Serv. Mgt Board v. Goshwe (2012) 9-12 KLR (pt. 318) 3233; (2013) 2 NWLR (PT.1338) 383

AFFIDAVITS - Elections - Depositions - Failure to deny - In absence of specific denial of a paragraph of the affidavit - 2nd plaintiff being a financial member of 1^st plaintiff - Is eligible to contest the primary election (H7) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448

AFFIDAVITS - Jurisdiction - Determination of - Basis - Court must consider deposed facts in affidavits - Writ of summons and statement of claim (H11) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

AFFIDAVITS - Objections - Preliminary objection - Basis - Since such objection deals with law - No affidavit is necessary - But when facts are in issue - Affidavit would be necessary (H2) Okereke v. James (2012) 6 KLR (pt. 315) 2385; (2012) 16 NWLR (PT.1326) 339

AFFIDAVITS - Originating summons - Applicability of - Appeal - Concurrent findings that the issues cannot be resolved by affidavits evidence - Were not shown to be perverse (H8) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

AFFIDAVITS - Stay of execution - Application - Affidavit in support - Validity - Stay will not be granted - Since the affidavit did not disclose any special circumstance (H3) Amadi v. Chukwu (2012) 6 KLR (pt. 315) 2375; (2013) 5 NWLR (PT.1347) 301

AFFIDAVITS - Undefended list - Determination - Court must consider notice of intention to defend - And examine if plaintiff has established prima facie claim - In the affidavit (H1) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1

AGREEMENTS - Contracts - Discharge - Means of - Contract may be discharged by performance - Agreement - Frustration - Or by breach (H2) Ahmed v. CBN (2012) 7 KLR (pt. 317) 277; (2013) 2 NWLR (PT.1339)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

524

AGREEMENTS - Contracts - Terms - Binding nature - Court must treat as sacrosanct - Terms of agreement freely entered into by parties (H4) BFI Group Corp. v. Bureau of Public Enterpr. (2012) 7 KLR (pt. 316) 2553; (2012) 18 NWLR (PT.1332) 209

AGREEMENTS - Petroleum law - Exhibit EE2 - Validity of - The exhibit is invalid - Since the parties cannot by consent - Alter provisions of the Petroleum Act (H7) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

AGREEMENTS - Property Law - Surrender - Effect - By agreeing to assign to someone else - Plaintiff has surrendered the property to Rivers State government (H2) Ohochukwu v. A-G Rivers State (2012) 2 KLR (pt. 307) 885; (2012) 6 NWLR (PT.1295) 53

ALIBI - Evidential burden of proof - Alibi - Burden of adducing evidence on an issue - Can be placed on either side - And where same is not discharged - The issue will be resolved against the party (H3) Ikaria v. State (2012) 12 KLR (pt. 321) 4371

ALIBI - Plea of - Sustainability - For the plea to be successful - Defence must show inter alia - That accused is separated by distance or ill health - From the crime scene (H6) Ilodigwe v. State (2012) 7 KLR (pt. 317) 2789; (2012) 18 NWLR (PT.1331) 1

APPEALS - Action - Consistency - Without obtaining amendment from court - A party has to be consistent in his case - From lower to appellate court (H5) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

APPEALS - Action - Need for consistency - Party must be consistent in his case - As it is unstable of 3rd respondent to admit paras 1-17 of supporting affidavit - But denied para 13 of same (H2) Eyiboh v. Abia (2012) 12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

APPEALS - Actions - Consistency - Need for - Parties as well as counsel must be consistent in the presentation of their case - Both at trial and appellate courts (H6) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sis

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ter (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

APPEALS - Actions - Need for consistency - A party must be consistent in its case - And an appeal is regarded as a continuation of the original action - Rather than an inception of a new suit (H2) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237

APPEALS - Actions - Parties - Right of appeal - 1999 Constitution s. 233(5) - The right is reserved to party - Aggrieved at decision in a proceeding (H1) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

APPEALS - Actions - Undefended suit - Defence to - Federal High Court Rules O.3 rr. 11&12 - Failure to comply - Effect - Appellants are deemed to have no defence (H1) MC Invest. Ltd. v. Core Invest. & Capital Market Ltd. (2012) 6 KLR (pt. 314) 2235; (2012) 12 NWLR (PT.1313) 1

APPEALS - Application for enlargement of time - Reason for delay - Applicant's duty - Applicant must establish good reasons - To justify grant of the application (H1) Olatubosun v. Texaco Nig. Plc (2012) 5 KLR (pt. 312) 1985; (2012) 14 NWLR (PT.1319) 200

APPEALS - Armed Robbery - Evidence - Inconsistency - Appellate court will set aside findings of trial court - Where there are material contradictions in evidence (H4) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

APPEALS - Brief - Filing - Mistake of counsel - Effect - Party ought not to be made to suffer - Because of delay of his counsel in filing brief (H8) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

APPEALS - Brief - Preliminary objection - The objection raised in a brief cannot be deemed argued along with the brief - As respondent is required to specifically seek and obtain leave - To move its objection (H1) NDP v. INEC (2012) 12 KLR (pt. 320) 3901; (2013) 6 NWLR (PT.1350) 392

APPEALS - Briefs - Failure to file - Dismissal order - Court of Appeal Rules O.6 r.10 - Dismissal based on such failure is final -And the court cannot give order of re-listing (H1) Gov. Zamfara State v. Gyalange (2012) 4 KLR

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

(pt. 310) 1535; (2013) 8 NWLR (PT.1357) 462

APPEALS - Charges - Objection - When to raise - The time to object is immediately the charge was read to accused - As any objection on appeal is waste of time (H2) Timothy v. FRN (2012) 6 KLR (pt. 313) 2191; (2013) 4 NWLR (PT.1344) 213

APPEALS - Chieftaincy matters - Actions - Pleadings - Proof - Plaintiff must rely on strength of his case - And not on weakness of defence (H1) Akande v. Adisa (2012) 5 KLR (pt. 311) 1681; (2012) 15 NWLR (PT.1324) 538

APPEALS - Chieftaincy matters - Evidence - Contradictions - Effect on appeal - It must be shown that trial court - Failed to advert its mind to the contradictions - Before its judgment can be reversed (H2) Taiwo v. Ogundele (2012) 5 KLR (pt. 312) 2027; (2012) 15 NWLR (PT.1322) 57

APPEALS - Concurrent decision - Supreme Court does not interfere - Unless it is shown to be perverse - Or contrary to known law (H3) Akande v. Adisa (2012) 5 KLR (pt. 311) 1681; (2012) 15 NWLR (PT.1324) 538

APPEALS - Concurrent finding - Supreme Court does not interfere - Save where the decision is perverse (H7) Okewu v. FRN (2012) 2 KLR (pt. 307) 923; (2012) 9 NWLR (PT.1305) 327

APPEALS - Concurrent findings - Arowolo v. Ifabiyi - Supreme Court does not interfere - Except there is miscarriage of justice - Or violation of principles of law or procedure (H3) Peterside v. Fubara (2012) 12 KLR (pt. 320) 3969; (2013) 6 NWLR (PT.1349) 156

APPEALS - Concurrent findings - Findings of lower courts are unassailable - Since same did not occasion a miscarriage of justice (H5) Onyenye v. State (2012) 6 KLR (pt. 314) 2271; (2012) 15 NWLR (PT.1324) 586

APPEALS - Concurrent findings - Supreme Court does not interfere - Save where the findings are perverse - Or there was a miscarriage of justice (H8) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

APPEALS - Concurrent findings - Supreme Court does not interfere - Save

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

where the findings are perverse (H12) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

APPEALS - Concurrent findings - Supreme Court does not interfere - Save where there is substantial error - Such as miscarriage of justice (H10) Aliucha v. Elechi (2012) 3 KLR (pt. 308) 1065

APPEALS - Concurrent findings - Supreme Court does not interfere - Save where findings are perverse (H1) Haruna v. A-G Federation (2012) 3 KLR (pt. 309) 1309; (2012) 9 NWLR (PT.1306) 419

APPEALS - Concurrent findings - Supreme Court does not interfere - Save where the findings are perverse - Or there was a miscarriage of justice (H5) Ugwanyi v. FRN (2012) 3 KLR (pt. 309) 1407; (2012) 8 NWLR (PT.1302) 384

APPEALS - Concurrent findings - Supreme Court does not interfere - Except where the findings are perverse (H3) Ezigbo v. State (2012) 6 KLR (pt. 314) 2219; (2012) 16 NWLR (PT.1326) 318

APPEALS - Concurrent findings - Supreme Court will not disturb the findings - That evidence of appellant's handwriting expert is not reliable (H3) Phillips v. Eba Odan Commercial & Industrial Co. Ltd. (2012) 4 KLR (pt. 310) 1611; (2013) 1 NWLR (PT.1336) 618

APPEALS - Concurrent findings - Supreme Court will not interfere with the findings - Since there was no perversity (H1) Obueke v. Nnamchi (2012) 5 KLR (pt. 311) 1801; (2012) 12 NWLR (PT.1314) 327

APPEALS - Concurrent findings - Supreme Court will not interfere - Since the findings are not perverse - And there was no miscarriage of justice (H7) Ayorinde v. Sogunro (2012) 5 KLR (pt. 312) 1895; (2012) 11 NWLR (PT.1312) 460

APPEALS - Concurrent findings - Supreme Court will not interfere - Since the findings did not cause a miscarriage of justice (H1) Rabiu v. Adebajo (2012) 6 KLR (pt. 314) 2329; (2012) 15 NWLR (PT.1322) 125

APPEALS - Concurrent judgments - Supreme Court will interfere - Where the judgments are perverse - Or has occasioned a miscarriage of justice

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

(H15) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

APPEALS - Constitution - Right of appeal - Leave - Grounds of law - Since the grounds in issue are of law - Leave is not required - Thus the appeal is competently initiated (H1) Amadi v. INEC (2012) 2 KLR (pt. 306) 533; (2013) 4 NWLR (PT.1345) 595

APPEALS - Court - Issues - Formulation - When issues formulated by parties are not easily discernable - Appellate court may reformulate same - And such must be in conformity with grounds of appeal (H1) Peterside v. Fubara (2012) 12 KLR (pt. 320) 3969; (2013) 6 NWLR (PT.1349) 156

APPEALS - Court - Issues - Suo motu raising - Court can formulate issues in interest of clarity - But such issues must arise from grounds of appeal - As put forward by appellant (H2) NDP v. INEC (2012) 12 KLR (pt. 320) 3901; (2013) 6 NWLR (PT.1350) 392

APPEALS - Court of Appeal - "Nemo dat quod non habet - Use of - The doctrine was not wrongly used - As the court rightly clarified the effect of Decree 21 of 1996 - Which amended error in Decree 54 of 1993 (H2) Adeyemi-Bero v. L.S.D.P.C. (2012) 12 KLR (pt. 320) 3743; (2013) 8 NWLR (PT.1356) 238

APPEALS - Court of Appeal - Judgment - Deferment of reasons - Where the court is not sitting in final capacity - It cannot defer reasons for its decision (H5) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

APPEALS - Court of Appeal - Jurisdiction - Where the court lacks jurisdiction over an appeal - It should nonetheless proceed to hear same on merits - So as to give Supreme Court benefit of its opinion - Thereby avoiding waste of judicial time (H2) Stowe v. Benstowe (2012) 1 KLR (pt. 305) 457; (2012) 9 NWLR (PT.1306) 450

APPEALS - Court of Appeal - Powers - By s.15 of Court of Appeal Act - The court is empowered to assume jurisdiction - Where trial court erroneously declines jurisdiction (H3) Peretu v. Gariga (2012) 12 KLR (pt. 321) 4543; (2013) 5 NWLR (PT.1348) 415

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Court processes - Application as interested party - 1^st respondent's application does not constitute abuse of process - And Court of Appeal was right in granting same (H1) Waziri v. Gumel (2012) 3 KLR (pt. 309) 1473; (2012) 9 NWLR (PT.1304) 185

APPEALS - Courts - Application as interested party - Exercise of discretion - Since Court of Appeal complied with 1999 Constitution s. 243(a)(b) in granting the application - Supreme Court will not interfere (H2) Waziri v. Gumel (2012) 3 KLR (pt. 309) 1473; (2012) 9 NWLR (PT.1304) 185

APPEALS - Courts - Discretion - Exercise of - Appellate court does not interfere with discretion of trial judges - Save where same was done arbitrary (H11) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

APPEALS - Courts - Discretionary order of trial court - Interference - Appellate court does not interfere - Save on grounds of law - Or where the discretion was wrongly exercised (H10) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

APPEALS - Courts - Evidence - Evaluation - It is the duty of trial court to evaluate and ascribe probative value to evidence - But appellate court intervenes - Where trial Judge fails to evaluate evidence properly (H5) Otukpo v. John (2012) 11-12 KLR (pt. 319) 3667; (2012) 7 NWLR (PT.1299) 357

APPEALS - Courts - Evidence - Evaluation - Trial court ascribes probative value to evidence - And appellate court does not interfere - Unless for compelling reasons (H6) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534

APPEALS - Courts - Fair hearing - It is wrong for court to dismiss an appeal - Without giving audience to counsel in the matter (H1) General Electric Company v. Akande (2012) 3 KLR (pt. 309) 1237; (2012) 16 NWLR (PT.1327) 593

APPEALS - Courts - Findings - Binding nature of - Holding by court which is not appealed against - Is binding on party against whom it was made (H2) Uwazurike v. Nwachukwu (2012) 9-12 KLR (pt. 318) 3249; (2013) 3 NWLR (PT.1342) 503

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Courts - Findings of fact - Failure to appeal - Where appellant fails to appeal against such finding - He will not be allowed to submit thereon (H7) Atanda v. Iliasu (2012) 9-12 KLR (pt. 318) 3015; (2013) 6 NWLR (PT.1351) 529

APPEALS - Courts - Issue - Jurisdiction - As there is no appeal on issue of jurisdiction - Court of Appeal lacked jurisdiction to reopen the issue - Already settled by trial court (H4) Akere v. Gov. Oyo State (2012) 11-12 KLR (pt. 319) 3471; (2012) 12 NWLR (PT.1314) 240

APPEALS - Courts - Issues - Determination - Court must consider all issues that have been joined by parties - And raised before it for determination (H2) Marine Mgt. Asso. v. N.M.A. (2012) 12 KLR (pt. 320) 3863; (2012) 18 NWLR (PT.1333) 506

APPEALS - Courts - Jurisdiction - Determination - Trial or appellate court must first determine - Whether or not it has jurisdiction over matter - Presented to it for adjudication (H2) Akere v. Gov. Oyo State (2012) 11-12 KLR (pt. 319) 3471; (2012) 12 NWLR (PT.1314) 240

APPEALS - Courts - Jurisdiction - Motions - Determination - Court of Appeal not being final court - Rightly determined on merit the motion it struck out - In case its decision on same is faulted on appeal (H2) Bala v. Dikko (2012) 9-12 KLR (pt. 318) 3049; (2013) 4 NWLR (PT.1343) 52

APPEALS - Criminal procedure - Proof - Standard of - Criminal trial is proved beyond reasonable doubt - And a conviction would not be upset on appeal - If the charge was proved based on the standard (H12) Okoro v. State (2012) 1 KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

APPEALS - Criminal procedure - Murder - Finding of not guilty - Proper order to make - By Criminal Procedure Act s. 246 - Court of Appeal was duty bound - To discharge and acquit the accused (H3) State v. Okpala (2012) 1 KLR (pt. 305) 437; (2012) 3 NWLR (PT.1287) 388

APPEALS - Criminal procedure - No case submission - Need to uphold - Following the successful plea of the submission - C.A. is empowered by C.A. Act s. 15 - To hold in appellant's favour (H2) Ugwu v. State (2012) 12 KLR (pt. 320) 4133; (2013) 4 NWLR (PT.1343) 172

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Criminal procedure - Non provision of - When to raise objection - Where accused is represented by counsel - Objection must be taken at the trial not on appeal (H3) Okoro v. State (2012) 1 KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

APPEALS - Cross appeal - Purpose - Cross appeal is filed by respondent - Who agrees with judgment - But wants to correct errors therein - Or to set aside a crucial finding (H3) Abiola & Sons Bottling Co. Ltd. v. 7Up Bottling Co. Ltd. (2012) 7 KLR (pt. 316) 2487; (2012) 15 NWLR (PT.1322) 184

APPEALS - Cross appeal - Purpose - Cross appeal is filed by respondent seeking to correct errors in judgment - Or to set aside finding which is fundamental to the case (H9) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

APPEALS - Cross appeal - Purpose - Respondent defends judgment - But where he seeks to correct errors therein - He files a cross appeal (H12) Emeka v. Okadigbo (2012) 7 KLR (pt. 316) 2611; (2012) 18 NWLR (PT.1331) 55

APPEALS - Cross-appeal - Purpose - Respondent who is dissatisfied with finding of court - Is not to raise preliminary objection - But to file a cross-appeal (H1) Kubor v. Dickson (2012) 9-12 KLR (pt. 318) 3121; (2013) 4 NWLR (PT.1345) 534

APPEALS - Damages - Award by trial court - Interference - Appellate court will not interfere - Save where inter alia - Exercise of discretion by trial court is perverse (H4) Ahmed v. CBN (2012) 7 KLR (pt. 317) 277; (2013) 2 NWLR (PT.1339) 524; (2013) 2 NWLR (PT.1339) 524

APPEALS - Decisions - Correctness of - Katto v. C.B.N - Court of Appeal as an intermediate court - Rightly proceeded with the appeal - Even though it ruled that Federal High Court lacked jurisdiction (H7) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

APPEALS - Determination - Duty of appellant - Appellant must place before appellate court - All document that is relevant - For determination of his appeal (H4) Osung v. State (2012) 6 KLR (pt. 315) 2425; (2012) 18 NWLR (PT.1332) 256

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Election petition - Tribunal - Judgment - By 1999 Constitution ss. 246 & 318 - The aspect of the Tribunal's judgment appellant purports to appeal against is not appealable - Since same was not its decision (H1) ACN v. Nyako (2012) 11-12 KLR (pt. 319) 3267

APPEALS - Election petitions - National Assembly election - Final court - By s. 246(3) 1999 Constitution - Court of Appeal is the final court to determine dispute arising therefrom (H4) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94

APPEALS - Election petitions - Courts - Abuse of process - Appellant abused the process of court - By instituting this suit as election petition matter - When she has a similar pending suit at the Federal high court (H4) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237

APPEALS - Election petitions - Courts - Final judgment - Meaning - Such judgment disposes of rights of parties - And puts an end to the action (H9) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

APPEALS - Election petitions - Courts - Judgments - Reasons - S.C. and C.A. can give their decisions in final appeals under s. 285(8) 1999 Constitution - And reserve reasons thereof (H4) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

APPEALS - Election petitions - Documents - Oral evidence - Appellants must adduce oral evidence - Linking the documents to his case - As court is not supposed to do a party's case (H6) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

APPEALS - Election petitions - Evidence on records - Evaluation of - Appellate court rightly exercised its powers - In affirming the decision of the tribunal (H6) ACN v. Lamido (2012) 2 KLR (pt. 306) 621; (2012) 8 NWLR (PT.1303) 560

APPEALS - Election petitions - Failure to hear within time - Effect - By 1999 Constitution s. 285(7) - Non compliance with the provision - Renders the appeal a nullity (H2) Amadi v. INEC (2012) 2 KLR (pt. 306) 533; (2013) 4 NWLR (PT.1345) 595

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Election petitions - Findings of over voting - Court of Appeal was right in its findings - And upholding the objection raised by 4^th respondent (H5) Doma v. INEC (2012) 3 KLR (pt. 308) 1095; (2012) 13 NWLR (PT.1317) 297

APPEALS - Election petitions - Governorship Election Tribunal - Judgment - Deferment of reasons - 1999 Constitution s. 285(8) - Supreme Court is solely empowered to defer reasons for its judgment - In appeals arising from the tribunal (H2) Ikenya v. PDP (2012) 3 KLR (pt. 308) 1139; (2012) 12 NWLR (PT.1315) 493

APPEALS - Election petitions - Gubernatorial election - Appeal - Judgment - Final court - Since C.A. is not final court by virtue of s.233(2)(e)(iv) 1999 Constitution - The judgment is appellable to S.C (H2) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

APPEALS - Election petitions - Hearing - Limitation - 1999 Constitution s. 285(7) - The 60 days prescribed by the section for hearing appeal by CA & SC respectively - Cannot be extended (H3) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94

APPEALS - Election petitions - Judgment - 1999 Constitution s. 285(6) - Once tribunal gives decision within 180 days and aggrieved party appeals - Its time runs until the 180 days shall be exhausted - And appellate court cannot extend the time (H2) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94

APPEALS - Election petitions - Judgment - Reasons for - Given outside time - Fate - 1999 Constitution s. 285 (7) - The judgment is a nullity (H4) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

APPEALS - Election petitions - Judgment - Validity of - Decision given by the tribunal on 10/08/11 is valid - Since there is no successful appeal against same (H5) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147

APPEALS - Election petitions - Judgments - Deferment of reasons - By 1999 constitution s. 285(7)(8) - Where the appeals are final - Court of

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

Appeal and Supreme Court may give decisions - And reserve the reasons to later date (H3) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

APPEALS - Election petitions - Jurisdiction - Court of Appeal - By 1999 Constitution s. 246(3) - It shall be the final court - In respect of appeals arising from National Assembly election petition tribunal (H6) Dangana v. Usman (2012) 2 KLR (pt. 306) 577; (2013) 6 NWLR (PT.1349) 50

APPEALS - Election petitions - Jurisdiction - Supreme Court - By 1999 constitution s. 233(2)(e)(iv) as amended - Decisions of Court of Appeal on who is validly elected as Governor - Is now appealable (H1) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

APPEALS - Election petitions - Legislative Houses elections - Appeal - Final court - By virtue of ss. 246(1)(b)(c) & 285(8) 1999 Constitution - Appeals from such elections terminate at Court of Appeal (H3) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

APPEALS - Election petitions - National & State Assembly Elections Tribunal - Judgment - Deferment of reasons - 1999 Constitution s. 285(8) - Court of Appeal can defer reasons for its judgment - In appeals arising from the tribunal (H1) Ikenya v. PDP (2012) 3 KLR (pt. 308) 1139; (2012) 12 NWLR (PT.1315) 493

APPEALS - Election petitions - National Assembly election tribunal - Appeals arising from the tribunal - Terminates at Court of Appeal (H10) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

APPEALS - Election petitions - Notice of Appeal - Filing - Time limit - By para.1 Practice Directions 2011 - Appeal shall be filed within 14 days from the date of decision appealed against (H1) Audu v. Wada (2012) 9-12 KLR (pt. 318) 3039

APPEALS - Election petitions - Presidential & Governorship elections - Final court - Supreme Court is the final court of appeal - In respect of the elections (H3) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Election petitions - Rehearing - 1999 Constitution s.285(7) - Since 60 days provided in the Constitution has elapsed - Relief of rehearing cannot be granted (H3) Ikenya v. PDP (2012) 3 KLR (pt. 308) 1139; (2012) 12 NWLR (PT.1315) 493

APPEALS - Election petitions - Retrial order - Correctness of - Appellate court is competent to order retrial - Where appeal succeeds within prescribed time (H3) Ugba v. Suswam (2012) 6 KLR (pt. 314) 2345; (2013) 4 NWLR (PT.1345) 427

APPEALS - Election petitions - Right of appeal - 1999 Constitution s. 246(c) - Aggrieved person can appeal against - Decision of governorship election tribunal (H8) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

APPEALS - Enlargement of time - Discretion - Basis - Doing substantial justice to the parties - Must be of paramount interest to court (H4) Olatubosun v. Texaco Nig. Plc (2012) 5 KLR (pt. 312) 1985; (2012) 14 NWLR (PT.1319) 200

APPEALS - Enlargement of time - Discretion - Rules of court - Need to obey - Court must obey its rules - To justify exercise of discretion (H3) Olatubosun v. Texaco Nig. Plc (2012) 5 KLR (pt. 312) 1985; (2012) 14 NWLR (PT.1319) 200

APPEALS - Enlargement of time - Exercise of discretion - Interference - Appellate courts do not interfere - Save where discretion was based on wrong principle of law - Or it occasioned miscarriage of justice (H2) Olatubosun v. Texaco Nig. Plc (2012) 5 KLR (pt. 312) 1985; (2012) 14 NWLR (PT.1319) 200

APPEALS - Entry of - Appeal is entered when Registrar of court from which appeal emanates - Has forwarded to Registrar of appellate court - Complete record of appeal filed by appellant in the registry (H10) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

APPEALS - Estoppel - Application - Since parties and subject matter in earlier suit - Are not different from those of present suit - Appellant is properly stopped from pursuing the appeal (H3) Mezu v. Co-operative & Commerce Bank Plc (2012) 7 KLR (pt. 317) 2831; (2013) 3 NWLR (PT.1340)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

188

APPEALS - Evidence - Admissibility - Exhibits P3 & P4 - Not pleaded - Fate - Court of Appeal was right in expunging the exhibits - Since same were not pleaded (H2) Phillips v. Eba Odan Commercial & Industrial Co. Ltd. (2012) 4 KLR (pt. 310) 1611; (2013) 1 NWLR (PT.1336) 618

APPEALS - Evidence - Evaluation - Basis - Court of Appeal Act s.16 - Where appellate court evaluates evidence - It is bound by evidence placed before trial court (H2) Ehirim v. IMSIEC (2012) 4 KLR (pt. 310) 1521

APPEALS - Evidence - Evaluation - Findings of trial court - Appellate court does not interfere - When credibility of witness is involved - But it may reevaluate evidence (H5) Ayorinde v. Sogunro (2012) 5 KLR (pt. 312) 1895; (2012) 11 NWLR (PT.1312) 460

APPEALS - Evidence - Evaluation - Interference - If Supreme Court finds dereliction of duty in evaluation - It can interfere to do what lower court should have done (H6) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448

APPEALS - Evidence - Evaluation - Interference - Since trial Judge did not evaluate exhibits D-F1 and s. 42 of 1999 Constitution - Court of Appeal rightly did the evaluation - And come to correct decision (H8) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

APPEALS - Evidence - Evaluation - Trial court ascribes probative value to evidence - Appellate court does not lightly interfere - Save where inter alia evidence has nothing to do with demeanour of witnesses (H1) BFI Group Corp. v. Bureau of Public Enterpr. (2012) 7 KLR (pt. 316) 2553; (2012) 18 NWLR (PT.1332) 209

APPEALS - Evidence - Evaluation - Trial court evaluates and assigns probative value to evidence - And appellate court does not interfere - Save where evaluation was improper (H7) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

APPEALS - Evidence - Evaluation - Where Court of Appeal makes finding - Based on evidence adduced in trial court - Supreme Court will not inter

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

fere (H4) Nwakonobi v. Udeorah (2012) 4 KLR (pt. 310) 1555; (2013) 7 NWLR (PT.1354) 499

APPEALS - Evidence - Evaluation - Where trial court fails to properly evaluate evidence - Court of Appeal can evaluate - And come to a correct and fair decision to parties (H1) Afolabi v. Western Steel Works Ltd. (2012) 7 KLR (pt. 316) 2503; (2012) 17 NWLR (PT.1329) 286

APPEALS - Evidence - Evaluation of - Is the duty of trial court - And appellate court should not interfere - Except where there is miscarriage of justice (H1) Gundiri v. Nyako (2012) 11-12 KLR (pt. 319) 3341

APPEALS - Evidence - Judgment - Contradictions - Effect - It is only substantial inconsistencies in evidence - That can lead to reversal of judgment (H2) Akindipe v. State (2012) 6 KLR (pt. 313) 2047; (2012) 16 NWLR (PT.1325) 94

APPEALS - Evidence - Orders of court - Retrial order - Correctness of - Since the evidence borders on credibility of witnesses - Court of Appeal rightly gave the order (H3) Mkpinang v. Ndem (2012) 12 KLR (pt. 321) 4425; (2013) 4 NWLR (PT.1344) 302

APPEALS - Evidence - Reevaluation - Justification - When trial court fails to properly evaluate evidence - Appellate court can intervene - And reevaluate such evidence (H5) Tukur v. Uba (2012) 7 KLR (pt. 316) 2651; (2013) 4 NWLR (PT.1343) 90

APPEALS - Evidence - Reevaluation - Justification - Where trial court failed to properly evaluate evidence before it - Appellate court is entitled to evaluate same (H8) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

APPEALS - Evidence - Reevaluation - Justification - Where trial court fails to properly evaluate evidence before it - Appellate court can interfere - Provided that credibility of witnesses is not involved (H8) Haruna v. A-G Federation (2012) 3 KLR (pt. 309) 1309; (2012) 9 NWLR (PT.1306) 419

APPEALS - Evidence - Reevaluation - Since the matter does not involve assessment of credibility of witnesses - Supreme Court and Court of Appeal are in a position evaluate the evidence (H1) Eyiboh v. Abia (2012) 12 KLR

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

(pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

APPEALS - Extension of time - Application - Court of Appeal Act s. 25(2) provides for 14 days limit - Within which to file the application - From the nature of the decision complained against (H3) Lovleen Toys Ind. Ltd. v. Komolafe (2012) 11-12 KLR (pt. 319) 3395; (2013) 14 NWLR (PT.1375) 542

APPEALS - Extension of time - Application - Reason for - Since the supporting affidavit did not disclose cogent reason for delay - The application cannot be granted (H2) Audu v. Wada (2012) 9-12 KLR (pt. 318) 3039

APPEALS - Extension of time - Application for - Grant of the application is at discretion of court - Which must be exercised judicially and judiciously - Without interference on appeal (H4) Nig. Laboratory Corp. v. Pacific Merchant Bank (2012) 6 KLR (pt. 314) 2249; (2012) 15 NWLR (PT.1324) 505

APPEALS - Extension of time - Application for - Requirements - Applicant must adduce good and substantial reason for delay - And good cause why the appeal should be heard (H2) Nig. Laboratory Corp. v. Pacific Merchant Bank (2012) 6 KLR (pt. 314) 2249; (2012) 15 NWLR (PT.1324) 505

APPEALS - Extension of time - Reasons for - Applicant must advance good and substantial reasons - And must show that his grounds of appeal are arguable (H4) Lovleen Toys Ind. Ltd. v. Komolafe (2012) 11-12 KLR (pt. 319) 3395; (2013) 14 NWLR (PT.1375) 542

APPEALS - Fair hearing - Breach - Adjournment - Counsel who fails to utilize opportunity to be heard - Cannot complain of breach of same (H4) Gov. Zamfara State v. Gyalange (2012) 4 KLR (pt. 310) 1535; (2013) 8 NWLR (PT.1357) 462

APPEALS - Fair hearing - Breach - Adjournments - Counsel that treated a procedure as regular before trial court - Cannot be heard to object to same on appeal (H4) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

APPEALS - Fair hearing - Breach - Allegation of - Appellant by reason of service having been validly effected on him - Cannot be heard to complain

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

that he was not given fair hearing (H8) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

APPEALS - Findings of courts - Supreme Court will not interfere with findings made by lower courts - Including the refusal of Court of Appeal to act on the medical report (H5) Rabiu v. Amadu (2012) 1 KLR (pt. 305) 417; (2013) 2 NWLR (PT.1337) 36

APPEALS - Fresh issue - Leave - Where new issue is to be introduced and argued afresh - Party introducing it has duty to apply and obtain leave to do so from court (H7) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82

APPEALS - Fresh issue - Raised without leave - Fate - Since leave was not obtained to raise new issue of trust property - The issue shall be deemed incompetent (H6) Osidele v. Sokunbi (2012) 7 KLR (pt. 317) 2857; (2012) 15 NWLR (PT.1324) 470

APPEALS - Ground - Competence - Ground must challenge the decision of court - And not what court has not decided in its judgment (H1) Ugwu v. State (2012) 12 KLR (pt. 320) 4133; (2013) 4 NWLR (PT.1343) 172

APPEALS - Ground - Election - Originating summons - Where reliefs sought cannot be dealt with under that summons - The ground on fair hearing will be struck out (H7) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

APPEALS - Ground - Format - Complaint on - Propriety - MILAD Benue State v. Ulegede - Such complaint is mere technicality - Where it is not based on contents of the grounds (H1) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

APPEALS - Ground - Judgment - Counsel should not wrongfully interpret court's judgment - Just to build a ground of appeal - As ground not derived from lower court's judgment is incompetent (H3) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

APPEALS - Ground - Speculative & abandoned ground - That is vague or general - Contravenes O. 8 r. 2(4) Supreme Court Rules (H4) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Ground of appeal - Purpose - Ground puts respondents on notice - So that they can appreciate the intention of appellants (H1) Ports & Cargo Handlings Services Ltd. v. Migfo Nig. Ltd. (2012) 6 KLR (pt. 314) 2297; (2012) 18 NWLR (PT.1333) 555

APPEALS - Ground of law - Determination - Nwadike v. Ibekwe - Ground is of law when inter alia - If Tribunal took into account - Some wrong criteria in reaching its conclusion (H1) Lovleen Toys Ind. Ltd. v. Komolafe (2012) 11-12 KLR (pt. 319) 3395; (2013) 14 NWLR (PT.1375) 542

APPEALS - Ground of law - Ground is of law where court considered wrong criteria - Issues are based on legal interpretation of documents - And the complaint is about misapplication of law (H2) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337

APPEALS - Ground of law - Where the substance of ground reveals misapplication of law to facts proved - The ground is of law and not of mixed law and fact - Or a ground of fact (H1) Jim-jaja v. COP Rivers State (2012) 11-12 KLR (pt. 319) 3611; (2013) 6 NWLR (PT.1350) 225

APPEALS - Grounds - Issues - Formulation - Appellant may raise an issue from grounds of appeal - But is not permitted to raise more than an issue from a ground (H1) Uwazurike v. Nwachukwu (2012) 9-12 KLR (pt. 318) 3249; (2013) 3 NWLR (PT.1342) 503

APPEALS - Grounds - Mixed law & fact - Nature - How determined - Court should examine the grounds and their particulars - In order to identify the nature of complaint (H1) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

APPEALS - Grounds - Mixed law & facts - Ground can be only of facts or mixed law and facts - If it is based on a decision of court - Derived from disputed facts (H1) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337

APPEALS - Grounds - Mixed law and facts - Nature - How determined - The ground of appeal and particulars thereto - Must be read together (H2) Emenike v. PDP (2012) 5 KLR (pt. 311) 1717; (2012) 12 NWLR (PT.1315) 556

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Grounds - Preliminary objection - Competence - The objection is invalid - Since the grounds stated the issues in contention - Between the parties (H1) Unity Bank Plc v. Denclag Ltd. (2012) 3 KLR (pt. 309) 1427; (2012) 18 NWLR (PT.1332) 293

APPEALS - Grounds - Preliminary objections - When relevant - Objections are filed against hearing of appeal - But where there are grounds to sustain appeal - Motion on notice should be filed (H2) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

APPEALS - Grounds - Vague particular (i) - Striking out of - Court of Appeal Rules O.6 r.3 - The court was right to suo motu strike out the particular (H1) Doma v. INEC (2012) 3 KLR (pt. 308) 1095; (2012) 13 NWLR (PT.1317) 297

APPEALS - Grounds of law - Leave - Since appellants' three grounds are of law - Leave of Court of Appeal or Supreme Court - Is not required (H1) Marine Mgt. Asso. v. N.M.A. (2012) 12 KLR (pt. 320) 3863; (2012) 18 NWLR (PT.1333) 506

APPEALS - Grounds of law - Or mixed law and facts - Distinction - The foremost criteria is to examine the grounds - With a view to see if they reveal - A misunderstanding or misapplication of the law to proven facts (H1) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

APPEALS - Grounds of law - Since the nature of the grounds are jurisdictional - And raises issue of fair hearing - 1999 Constitution s. 241(1) is applicable - Hence leave is not required (H2) Lovleen Toys Ind. Ltd. v. Komolafe (2012) 11-12 KLR (pt. 319) 3395; (2013) 14 NWLR (PT.1375) 542

APPEALS - Hearing - Preliminary objection to - Success of - Will bring the litigation to an end - If dismissed - The Appeal will be determined on merit (H1) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

APPEALS - Hearing - When appropriate - An appeal cannot be heard until it has been entered - In the registry of the appellate court (H1) Aladinma

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

Medicare Ltd v. Reg. Trustees of Overcomers Christian Mission (2012) 1 KLR (pt. 304) 87; (2012) 5 NWLR (PT.1294) 41

APPEALS - Issue - Failure to raise - 3rd respondent who did not cross appeal nor file respondent's notice - Cannot raise issue of fraud which did not arise from ground of appeal (H2) Jim-jaja v. COP Rivers State (2012) 11-12 KLR (pt. 319) 3611; (2013) 6 NWLR (PT.1350) 225

APPEALS - Issue - Not considered - Proof - For appellant to succeed - He must show that - Court failed to consider a particular issue in its judgment (H3) Nwakonobi v. Udeorah (2012) 4 KLR (pt. 310) 1555; (2013) 7 NWLR (PT.1354) 499

APPEALS - Issues - Basis - Issues must be framed from grounds of appeal - And not from assumption of facts - Not pronounced upon in judgment (H1) Akindipe v. State (2012) 6 KLR (pt. 313) 2047; (2012) 16 NWLR (PT.1325) 94

APPEALS - Issues - Bordering on judgment in rem - Competence - The issues are premature - As the real question is propriety or otherwise of - Joining 1^st respondent as interested party (H3) Waziri v. Gumel (2012) 3 KLR (pt. 309) 1473; (2012) 9 NWLR (PT.1304) 185

APPEALS - Issues - Determination - Appeal is decided on issues raised - Hence grounds of appeal become extinguished - Once issues are formulated (H3) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

APPEALS - Issues - Determination - On single issue - Correctness of - Where appellate court considers an issue fit to dispose appeal - It is not bound to consider other issues raised (H4) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

APPEALS - Issues - Failure to consider - Fair hearing - Litigant can only complain about the failure - Where same is material - And has occasioned miscarriage of justice (H9) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Issues - Failure to raise timely - Complaint that appellants' brief was lately filed is of no moment - Since respondent failed to raise the issue at Court of Appeal (H1) Iseogbekun v. Adelakun (2012) 11-12 KLR (pt. 319) 3573; (2013) 2 NWLR (PT.1337) 14

APPEALS - Issues - Formulated from abandoned ground - Fate - The issue is incompetent - And shall be ignored (H5) ACN v. Lamido (2012) 2 KLR (pt. 306) 621; (2012) 8 NWLR (PT.1303) 560

APPEALS - Issues - Formulated from incompetent grounds - Fate - Such issues are deemed incompetent - And must be struck out (H1) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

APPEALS - Issues - Formulation - Any issue not related to ground of appeal is not only incompetent - But valueless to determination of the appeal - And must be ignored (H3) Akere v. Gov. Oyo State (2012) 11-12 KLR (pt. 319) 3471; (2012) 12 NWLR (PT.1314) 240

APPEALS - Issues - Formulation - Appellate court may formulate issues - That serve interest of justice - But it is not bound to decide on every issue (H4) Abiola & Sons Bottling Co. Ltd. v. 7Up Bottling Co. Ltd. (2012) 7 KLR (pt. 316) 2487; (2012) 15 NWLR (PT.1322) 184

APPEALS - Issues - Formulation by court - Appellate court can formulate issues - Where the ones raised - Did not address the points in controversy (H1) PDP v. Sylva (2012) 4 KLR (pt. 310) 1575; (2012) 13 NWLR (PT.1316) 85

APPEALS - Issues - Formulation by court - Correctness of - Appellate court can raise an issue - In order to state the correct position of the law (H5) Intercontinental Bank Plc v. Brifina Ltd. (2012) 5 KLR (pt. 312) 1927; (2012) 13 NWLR (PT.1316) 1

APPEALS - Issues - Formulation by court - Correctness of - Where issues are proliferated by parties - Court can reformulate same - For clarity sake (H6) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

APPEALS - Issues - Formulation from grounds - One issue can be distilled

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

from several grounds of appeal - But where impossible - One issue must be raised from one ground (H2) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

APPEALS - Issues - Fresh issue on appeal - Competence - Appellant must seek and obtain - Leave of court before raising the issue (H5) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

APPEALS - Issues - Meaning of - An issue is a point in dispute between parties - Which may be question of law or fact - Or combination of both (H5) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

APPEALS - Issues - Not raised in trial court - Fate - Such issues cannot be raised in appellate court - Save with leave of either of the courts (H3) Ohochukwu v. A-G Rivers State (2012) 2 KLR (pt. 307) 885; (2012) 6 NWLR (PT.1295) 53

APPEALS - Issues - Proliferation - Need to avoid - Where appropriate - One issue should be distilled from combination of grounds of appeal (H1) Phillips v. Eba Odan Commercial & Industrial Co. Ltd. (2012) 4 KLR (pt. 310) 1611; (2013) 1 NWLR (PT.1336) 618

APPEALS - Judgment - Delivered without jurisdiction - Fate - The ruling of the Court of Appeal in an appeal not before it - Is a nullity since it was given without jurisdiction (H2) Aladinma Medicare Ltd v. Reg. Trustees of Overcomers Christian Mission (2012) 1 KLR (pt. 304) 87; (2012) 5 NWLR (PT.1294) 41

APPEALS - Judgment - Mistake - It is not every error in judgment - That determines appeal in favour of appellant - As appeal court decides if judgment is correct - And not whether the reasons thereof are correct (H11) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

APPEALS - Judgment - Respondent's role - He is to defend the judgment that is on appeal - And not to assist appellant (H2) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Judgment - Setting aside - Application - By O. 7 r. 12 Court of Appeal Rules - The court rightly entertained the application - For good cause (H7) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

APPEALS - Judgments - Challenge - Respondent's role - His duty is to defend the appeal - But where he is dissatisfied with parts of judgment - A cross appeal should be filed (H8) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

APPEALS - Judgments - Determination - Basis - Supreme Court determines whether Court of Appeal's judgment was correct - And not really whether its reasons were right or wrong (H2) Afolabi v. Western Steel Works Ltd. (2012) 7 KLR (pt. 316) 2503; (2012) 17 NWLR (PT.1329) 286

APPEALS - Judgments - Findings of fact - Binding nature - Where there is no appeal - Against a finding upon which judgment is predicated - The finding remains intact (H1) Amale v. Sokoto L. G. (2012) 1 KLR (pt. 304) 99; (2012) 5 NWLR (PT.1292) 181

APPEALS - Judgments - Meaning of - Judgment is court's final determination of - Rights and obligations of parties in a case - And it includes any order from which appeal lies (H2) Ugba v. Suswam (2012) 6 KLR (pt. 314) 2345; (2013) 4 NWLR (PT.1345) 427

APPEALS - Judgments - Mistake in - Effect - It is not every mistake that vitiates a judgment - As mistake must be substantial - To warrant intervention of appellate court (H5) Eyiboh v. Abia (2012) 12 KLR (pt. 321) 4301; (2012) 16 NWLR (PT.1325) 51

APPEALS - Jurisdiction - Issue of - Time to raise - Issue of jurisdiction is a threshold matter - That it can be raised at anytime - Even for the first time in Supreme Court - Provided parties are heard (H2) Emeka v. Okadigbo (2012) 7 KLR (pt. 316) 2611; (2012) 18 NWLR (PT.1331) 55

APPEALS - Jurisdiction - Issue of - Time to raise - Jurisdiction can be raised at any stage of proceedings - Even on appeal up to Supreme Court (H2) Gbagbarigha v. Toruemi (2012) 12 KLR (pt. 321) 4355; (2013) 6 NWLR (PT.1350) 289

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Jurisdiction - Issue of - When to raise - It can be raised at any stage in trial court or on appeal - And can be raised by any party or suo motu by the court (H6) Amale v. Sokoto L. G. (2012) 1 KLR (pt. 304) 99; (2012) 5 NWLR (PT.1292) 181

APPEALS - Jurisdiction - Manner of raising - Jurisdiction is raised by motion on notice in High Court - And by inclusion in ground of appeal in Court of Appeal and Supreme Court (H3) Gbagbarigha v. Toruemi (2012) 12 KLR (pt. 321) 4355; (2013) 6 NWLR (PT.1350) 289

APPEALS - Jurisdiction - Objection - Issue of jurisdiction is constitutional and a matter of law - Hence appellant needed no leave to raise same (H1) Agbule v. Warri Refinery (2012) 11-12 KLR (pt. 319) 3435; (2013) 6 NWLR (PT.1350) 318

APPEALS - Jurisdiction - Supreme Court - Issue of jurisdiction can be raised any time even before Supreme Court - And court can suo motu raise same - But parties must be heard before decision is taken (H4) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534

APPEALS - Jurisdiction is a creation of statutes - And same is neither inherent in appellate court - Nor can it be conferred by court order (H3) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147

APPEALS - Land law - Actions - Need for consistency - Respondents must be consistent in their case - Since Appellate court cannot go - Outside issues settled by trial court (H4) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

APPEALS - Leave - Grounds of facts - Raised without leave - Fate - Since grounds 3 and 4 are of facts - And were raised without leave - They are deemed incompetent and liable to be struck out (H2) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

APPEALS - Leave - Raising of fresh issues - Limitation - Fresh issues must be limited to the case as pleaded by parties - And evidence on record in support of their positions - As well as the judgment thereon (H4) Adeosun v. Gov. of Ekiti State (2012) 1 KLR (pt. 304) 1; (2012) 4 NWLR (PT.1291) 581

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Leave - To appeal against interlocutory decisions - And on grounds that are not of law - Are to be separately secured vide provisions of the Constitution - Failing which offending grounds will be struck out (H2) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

APPEALS - Money lending - Admitted facts - Briefs of appeal - Since appellants expressly agreed that - Respondent was not a money lender - Respondent has nothing to prove (H6) Chidoka v. First City Finance Co. Ltd. (2012) 7 KLR (pt. 316) 2585; (2013) 5 NWLR (PT.1346) 144

APPEALS - Motions - Legal practitioner - Failure to sign - In absence of credible evidence of signing by a legal practitioner - Court of Appeal rightly held that the motion was incompetent (H1) Bala v. Dikko (2012) 9-12 KLR (pt. 318) 3049; (2013) 4 NWLR (PT.1343) 52

APPEALS - Motions - Pending motion - Failure to hear - Effect - Failure of trial court to hear such motion before judgment - Is not always fatal - As Appeal Court should examine the motion (H10) Emeka v. Okadigbo (2012) 7 KLR (pt. 316) 2611; (2012) 18 NWLR (PT.1331) 55

APPEALS - Nature & purpose - Appeal is a continuation of original action - The nature of which cannot be changed on appeal (H4) Nwaogu v. Owuala (2012) 9-12 KLR (pt. 318) 3187

APPEALS - Notice of appeal - Amendment - Appellant can amend original notice - To incorporate grounds in other notices of appeal (H2) Tukur v. Uba (2012) 7 KLR (pt. 316) 2651; (2013) 4 NWLR (PT.1343) 90

APPEALS - Notice of appeal - Amendment - Notice can be amended at any stage of the proceedings in court - With leave of court predicated upon special circumstances (H5) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

APPEALS - Notice of appeal - Failure to file - Effect - By O.8 r.18 Court of Appeal Rules - Respondent may by motion on notice - Move the court to dismiss the appeal (H1) Nigerian Navy v. Labinjo (2012) 6 KLR (pt. 313) 2135; (2012) 17 NWLR (PT.1328) 56

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Notice of appeal - Filing - Appeal is deemed to have been brought - When the notice has been filed at registry of Court of Appeal - Or leave to appeal has been granted (H2) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

APPEALS - Notice of appeal - Filing - Time frame - By s.27(2)(b) Supreme Court Act - Criminal appeal to the court must be filed within 30 days from date Court of Appeal delivered its judgment (H5) Okereke v. James (2012) 6 KLR (pt. 315) 2385; (2012) 16 NWLR (PT.1326) 339

APPEALS - Notice of appeal - Mere filing - Effect - Mere filing of a notice of appeal without more - Does not constitute an appeal (H4) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

APPEALS - Notices of appeal - Multiple filing - Appellant can file more than one notice within time - But he must choose which of them - He intends to rely upon (H1) Tukur v. Uba (2012) 7 KLR (pt. 316) 2651; (2013) 4 NWLR (PT.1343) 90

APPEALS - Notices of appeal - Multiple filing - Appellant may file more than one notice - But must indicate to court - The notice he wants to rely on (H2) PDP v. Sylva (2012) 4 KLR (pt. 310) 1575; (2012) 13 NWLR (PT.1316) 85

APPEALS - Notices of appeal - Multiple filing - Justification - Appellant can file multiple notices of appeal - More so when rules of court do not prohibit same (H2) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

APPEALS - Obiter dictum - Where opinion expressed by Court of Appeal is an obiter - Appellant's appeal against same is baseless - And liable to be discountenanced (H5) NDP v. INEC (2012) 12 KLR (pt. 320) 3901; (2013) 6 NWLR (PT.1350) 392

APPEALS - Objection - Motion - Objection can be taken at anytime during pendency of appeal before judgment - But party who failed to object on time - Is deemed to have accepted the state of thing as it is (H5) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

APPEALS - Objections - Preliminary objection - Purpose - The objection

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

seeks to terminate hearing of appeal - But where same did not end appeal - Motion on notice should be filed (H3) Okereke v. James (2012) 6 KLR (pt. 315) 2385; (2012) 16 NWLR (PT.1326) 339

APPEALS - Orders of court - Non suit - Propriety - Parties ought to be given opportunity of being heard - Before the order was made by trial court - Hence Court of Appeal was right to set aside same (H3) Adusei v. Adebayo (2012) 1 KLR (pt. 305) 205; (2012) 3 NWLR (PT.1288) 534

APPEALS - Originating summons - Applicability of - Concurrent findings that the issues cannot be resolved by affidavits evidence - Were not shown to be perverse (H8) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

APPEALS - Parties - Interested party - Qualification - Re Ugadu - For such party to appeal - His interest must be genuine and legally recognizable - In respect of a decision which prejudicially affects him (H1) Nwaogu v. Owuala (2012) 9-12 KLR (pt. 318) 3187

APPEALS - Politics - Term of office - Reliefs claimed - Propriety of refusal - Appellants no longer have enforceable rights - As their tenure of office had ceased to exist on 24^th May 2010 (H2) Adepoju v. Yinka (2012) 1 KLR (pt. 304) 37; (2012) 3 NWLR (PT.1288) 567

APPEALS - Preliminary objection - Arguments - Incorporated in briefs - Objective - Such step removes the need to file separate notice of preliminary objection (H1) Aliucha v. Elechi (2012) 3 KLR (pt. 308) 1065

APPEALS - Preliminary objection - Incorporated in brief - Propriety - The procedure is an accepted practice - As same obviates need to file separate notice of objection (H1) Okereke v. James (2012) 6 KLR (pt. 315) 2385; (2012) 16 NWLR (PT.1326) 339

APPEALS - Preliminary objection - Leave - Failure to apply - Where objection is filed in briefs - Leave must be sought orally - To argue same in court - Otherwise it is deemed abandoned (H2) Aliucha v. Elechi (2012) 3 KLR (pt. 308) 1065

APPEALS - Preliminary objection - Purpose - The aim is to bring appeal to an end - Having been discovered to be incompetent - And court is expected

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

to deal with the objection once it is raised (H1) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94; (2013) 5 NWLR (PT.1346) 94

APPEALS - Preliminary objection - Purpose - The objection is against hearing of appeal - Not against competence of brief of party - As it contends that appeal is fundamentally defective (H1) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

APPEALS - Preliminary objections - Filing - Supreme Court Rules O. 2 r. 9(1)(2) - Failure to comply - Effect - The objection will be struck out (H1) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

APPEALS - Record of appeal - Binding nature - The record is presumed to be correct - Once no complaint is made against it - And appellate court as well as litigants are bound by the contents therein (H7) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

APPEALS - Record of appeal - Judicial notice of - Judges are permitted to glean through the records - In order to do substantial justice in appeal (H5) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

APPEALS - Record of appeal - Presumption of regularity - Record prepared by counsel is presumed correct - More so where counsel that prepared it did not challenged same (H8) Bassey v. State (2012) 4 KLR (pt. 310) 1495; (2012) 12 NWLR (PT.1314) 209

APPEALS - Record of appeal - Questions arising in proceedings - As the record shows that proceedings were conducted - And the questions arose therein - Court of Appeal was wrong in its conclusion (H6) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

APPEALS - Res judicata - Judgments - Binding effect - Judgment on appeal can operate as res judicata - Provided it has not been upset (H2) Abiola & Sons Bottling Co. Ltd. v. 7Up Bottling Co. Ltd. (2012) 7 KLR (pt. 316) 2487; (2012) 15 NWLR (PT.1322) 184

APPEALS - Respondent's notice - Purpose - The notice is filed where re

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

spondent agrees with judgment - But wants same varied or affirmed on other grounds (H13) Emeka v. Okadigbo (2012) 7 KLR (pt. 316) 2611; (2012) 18 NWLR (PT.1331) 55

APPEALS - Retrial - When to order - Where High Court and Court of Appeal were partly wrong and right - Retrial is necessary - But where the latter corrects errors of the former - Retrial is unnecessary (H3) Afolabi v. Western Steel Works Ltd. (2012) 7 KLR (pt. 316) 2503; (2012) 17 NWLR (PT.1329) 286

APPEALS - Right of appeal - 1999 Constitution ss. 241(1) & 242(1) - Under the provisions - Aggrieved party can appeal as of right - Or with leave of court (H3) Nig. Laboratory Corp. v. Pacific Merchant Bank (2012) 6 KLR (pt. 314) 2249; (2012) 15 NWLR (PT.1324) 505

APPEALS - Right of appeal - Actions - Undefended list - 1999 Constitution s. 241(2)(a) - No right of appeal exists against order of court - Transferring suit from the list to general cause list (H7) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

APPEALS - Statutes - Limitation - Public Officers Protection Law - Pleadings - Defendant must specifically plead the defence at trial court - Otherwise he cannot rely on same on appeal (H6) Ajayi v. Adebiyi (2012) 5 KLR (pt. 312) 1843; (2012) 11 NWLR (PT.1310) 137

APPEALS - Stay of execution - Grant - Justification - Court is justified to grant stay - Where notice of appeal has disclosed substantial arguable grounds (H4) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

APPEALS - Stay of execution - Grant - Purpose of - Stay is granted to maintain status quo ante - So as to preserve the res from being destroyed - Pending the determination of an appeal (H2) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

APPEALS - Striking out - Suo motu striking out - Correctness of - Appellate court has jurisdiction - To summarily dismiss appeal for want of prosecution - Without any application by respondent (H3) Nigerian Navy v. Labinjo (2012) 6 KLR (pt. 313) 2135; (2012) 17 NWLR (PT.1328) 56

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Supreme Court - Amendment of record - Supreme Court Act s.22 - The court has power to amend record - Where it is satisfied that there are accidental slips and omissions (H9) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

APPEALS - Supreme Court - Appeals - Determination - The court has no jurisdiction to sit on appeal from Chief Magistrate court - But sits on appeal from Court of Appeal (H1) Martins v. COP (2012) 9-12 KLR (pt. 318) 3167; (2013) 4 NWLR (PT.1343) 25

APPEALS - Supreme Court - Filing - Appeal is said to be entered in the court - When record of appeal has been transmitted to it - And entered on the cause list (H3) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

APPEALS - Supreme Court - Fresh issue on jurisdiction - Leave - Leave must be obtained - To raise the issue for the first time - In Supreme Court (H10) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

APPEALS - Supreme Court - Hearing - Supreme Court hears appeals against judgment of Court of Appeal - And not against judgment of High Court (H15) Emeka v. Okadigbo (2012) 7 KLR (pt. 316) 2611; (2012) 18 NWLR (PT.1331) 55

APPEALS - Supreme Court - Powers - S.C. Act s.22 - The court is empowered to deal with any case before it on appeal - Including power to act as trial court (H9) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

APPEALS - Trespass - Concurrent findings - Supreme Court does not interfere - Save the findings are perverse - Or not supported by credible evidence (H6) Oriorio v. Osain (2012) 5 KLR (pt. 312) 2001; (2012) 16 NWLR (PT.1327) 560

APPEALS - Words & phrases - Constitution - "All final appeals" - Meaning - It means all appeals - After which there is no further appeal to a higher court or tribunal (H10) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

APPEALS - Words & phrases - Constitution - "Final appeals" - Meaning - The phrase does not relate to final decisions of election tribunal - It relates to the final court - Beyond which there is no further appeal (H9) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

APPEALS - Words & Phrases - Constitution - "The Court" - Meaning - The phrase used in s. 285(8) refers to Court of Appeal - Hearing appeal from States and National Assembly elections (H2) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

ARGUMENTS - Objections - Appeals - Preliminary objection - Arguments - Incorporated in briefs - Objective - Such step removes the need to file separate notice of preliminary objection (H1) Aliucha v. Elechi (2012) 3 KLR (pt. 308) 1065

ARMED ROBBERY - "Arms" - Definition - Robbery & Firearms Act s. 15(1) - Arms are offensive weapons - Which include axe and machete (H2) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

ARMED ROBBERY - Appeals - Evidence - Inconsistency - Appellate court will set aside findings of trial court - Where there are material contradictions in evidence (H4) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

ARMED ROBBERY - Confession - Conviction - Validity - Court can convict solely on confessional statement of accused (H6) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

ARMED ROBBERY - Confession - Corroboration - Evidence of prosecution witnesses - Adequately corroborated Exhibit E (H3) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

ARMED ROBBERY - Confession - Definition - Evidence Act s. 27(1)(2) - Confession is admission made by an accused - Suggesting the inference that he committed a crime (H2) Onyenye v. State (2012) 6 KLR (pt. 314) 2271; (2012) 15 NWLR (PT.1324) 586

ARMED ROBBERY - Conspiracy - Meaning - Conspiracy consists of inten

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

tion of persons - To commit an unlawful act - And conviction is on circumstantial evidence (H5) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

ARMED ROBBERY - Conspiracy - Proof - Conspiracy is established - Since there is meeting of minds between appellant and others in respect of the robbery (H4) Onyenye v. State (2012) 6 KLR (pt. 314) 2271; (2012) 15 NWLR (PT.1324) 586

ARMED ROBBERY - Conspiracy - Proof - Exhibit E and evidence of prosecution witnesses - Adequately proved the offences - Beyond reasonable doubt (H8) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

ARMED ROBBERY - Ingredients - Proof - Essential elements of the offence - Were proved by evidence of prosecution witnesses in this case (H3) Onyenye v. State (2012) 6 KLR (pt. 314) 2271; (2012) 15 NWLR (PT.1324) 586

ARMED ROBBERY - Ingredients - Proof - Prosecution must establish that there was robbery - Which was an armed robbery - And that accused was the armed robber (H3) Osetola v. State (2012) 6 KLR (pt. 315) 2399; (2012) 17 NWLR (PT.1329) 251

ARMED ROBBERY - Meaning of - Armed robbery means stealing with violence - While robbery is stealing without violence - And person that aids in commission of the offence - Is guilty of armed robbery (H2) Bassey v. State (2012) 4 KLR (pt. 310) 1495; (2012) 12 NWLR (PT.1314) 209

ARMED ROBBERY - Proof - Essential element - Robbery & Firearms Act s. 1(2)(b) - Prosecution succeeds if it establishes - That accused violently stole a thing capable of being stolen (H2) FRN v. Usman (2012) 3 KLR (pt. 308) 1119; (2012) 8 NWLR (PT.1301) 141

ARMED ROBBERY - Proof - Ikemson v. State - Prosecution must proof beyond reasonable doubt - That appellant participated in the robbery (H4) Ikaria v. State (2012) 12 KLR (pt. 321) 4371

ARMED ROBBERY - Robbery - Meaning - Robbery & Firearms Act s. 15(1) - Robbery is using violence - To obtain anything being stolen (H1) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

539

AUCTION SALES - Land law- Auction sale - Ordered by court - Effect - It is presumed that such judicial act is valid - Where there is no fraud - And security given to purchaser of such property - Is a statutory one (H3) Osidele v. Sokunbi (2012) 7 KLR (pt. 317) 2857; (2012) 15 NWLR (PT.1324) 470

BANKING - Actions - Claim for interest - Exhibit E - Not pleaded - Since appellant did not plea the exhibit - It is deemed that same was not intended - To guide transaction between the parties (H7) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

BANKING - Constitutional law - Courts - Jurisdiction - Banking matters - 1979 Constitution s. 230(1)(d) - The section does not confer exclusive jurisdiction on Federal High Court (H1) Merill Guaranty Savings & Loan Ltd. v. Worldgate Building Society Ltd. (2012) 3 KLR (pt. 309) 1331; (2013) 1 NWLR (PT.1336) 581

BANKING - Criminal procedure - Arraignment - Failure to prosecute co-accused - Non-prosecution of others who counter-signed cheques like appellant - Is a non issue (H7) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534

BANKING - Jurisdiction - Failed banks tribunal - Crime - By s.3(1)(b)(c)(d) of Decree No.18 1994 - The tribunal can try new offences specified under Pt.111 - As well as existing offences under other enactments (H5) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534

BILL OF LADING - Definition - Bill of lading is writing signed on behalf of ship owner - Acknowledging receipt of goods - And undertaking to deliver same - Subject to conditions stated therein (H5) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454

BILLS OF LADING - Contract - Notify party - Right of action - He cannot sue because he is not a party to the contract - But merely a person to be notified of the arrival of the goods (H3) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

BILLS OF LADING - Contract - Parties to - It is a contract for carriage of goods by sea - Between ship-owner and consignor on one part - And consignee on the other - Which allows only parties therein to sue on it (H2) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

BILLS OF LADING - Endorsement - Meaning - This is where consignee writes his name on the back of the bills (H7) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CARRIAGE OF GOODS BY SEA - Bills of lading - Contract - Parties to - It is a contract for carriage of goods by sea - Between ship-owner and consignor on one part - And consignee on the other - Which allows only parties therein to sue on it (H2) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CARRIAGE OF GOODS BY SEA - Contract - Negligence - Right of action - Where damage to goods occurred during discharge operation - The owner can sue stevedores and their principals (H9) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CASE LAW - Citation - Counsel must cite case with clarity - Providing inter alia name of the law report - Or a certified true copy - Where case is unreported (H1) Chidoka v. First City Finance Co. Ltd. (2012) 7 KLR (pt. 316) 2585; (2013) 5 NWLR (PT.1346) 144

CHARGES - Proof - Standard of - Criminal trial is proved beyond reasonable doubt - And a conviction would not be upset on appeal - If the charge was proved based on the standard (H12) Okoro v. State (2012) 1 KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

CHARGES - Admitted facts - Since appellants pleaded guilty - They are deemed to have admitted the offences - With which they have been charged (H5) Offor v. State (2012) 9-12 KLR (pt. 318) 3207; (2012) 18 NWLR (PT.1333) 421

CHARGES - Amendment - Need for fresh plea - CPA s. 164 - Amended

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

charge must be read to accused - And fresh plea taken - Otherwise the proceedings will become a nullity (H7) Bassey v. State (2012) 4 KLR (pt. 310) 1495; (2012) 12 NWLR (PT.1314) 209

CHARGES - Arraignment - Principle - CPC s.187 (1)(2) - The charge must be read and explained to accused in open court - And his plea thereto shall be taken (H1) Offor v. State (2012) 9-12 KLR (pt. 318) 3207; (2012) 18 NWLR (PT.1333) 421

CHARGES - Arraignment - Principles - CPA s. 215 - Accused must be unfettered - And charge shall be read and explained to him - He shall then be called upon to plead (H6) Bassey v. State (2012) 4 KLR (pt. 310) 1495; (2012) 12 NWLR (PT.1314) 209

CHARGES - Arraignment - Requirements - CPA s. 215 - Accused must be brought to court unfettered - And charge is read and explained to him - With a call on him to plea to same (H5) Timothy v. FRN (2012) 6 KLR (pt. 313) 2191; (2013) 4 NWLR (PT.1344) 213

CHARGES - Arraignment - Requirements - CPL s.215 - Accused must be brought to court unfettered - And charge is read and explained to him - With his plea taken thereupon (H1) Madu v. State (2012) 6 KLR (pt. 313) 2087; (2012) 15 NWLR (PT.1324) 405

CHARGES - Arraignment - Validity - Appellant was properly arraigned and tried - Since his fresh plea was taken - After amendment of the charge (H3) Osung v. State (2012) 6 KLR (pt. 315) 2425; (2012) 18 NWLR (PT.1332) 256

CHARGES - Conspiracy & substantive charges - Determination - Procedure - Proper approach is to first deal with the latter - Then proceed to consider the former (H1) Osetola v. State (2012) 6 KLR (pt. 315) 2399; (2012) 17 NWLR (PT.1329) 251

CHARGES - Discharge of accused - Effect on co-accused - Ebri v State - Where two or more are charged with an offence - With similar evidence adduced against them - Discharge of one must affect the discharge of the others (H8) Okoro v. State (2012) 1 KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CHARGES - Guilty plea - Where accused pleads guilty - The same shall be recorded - And court may convict upon such confession - Provided charge is not punishable with death (H2) Offor v. State (2012) 9-12 KLR (pt. 318) 3207; (2012) 18 NWLR (PT.1333) 421

CHARGES - Jurisdiction - Definition - Jurisdiction is court's power to decide case or issue a decree - And it is the charge before court - That determines the jurisdiction thereof (H1) Egunjobi v. FRN (2012) 12 KLR (pt. 321) 4259; (2013) 3 NWLR (PT.1342) 534

CHARGES - Language used - Objection to - Failure to raise - Effect - Accused is deemed to have understood the language - And has no cause to complain (H2) Madu v. State (2012) 6 KLR (pt. 313) 2087; (2012) 15 NWLR (PT.1324) 405

CHARGES - Objection - When to raise - The time to object is immediately the charge was read to accused - As any objection on appeal is waste of time (H2) Timothy v. FRN (2012) 6 KLR (pt. 313) 2191; (2013) 4 NWLR (PT.1344) 213

CHARGES - Objections to - When to raise - Appropriate time is at the point of reading - And before the plea (H4) Okewu v. FRN (2012) 2 KLR (pt. 307) 923; (2012) 9 NWLR (PT.1305) 327

CHARGES - Plea - Meaning of - This is the act of accused responding to criminal charge - Either as guilty or not guilty (H3) Okewu v. FRN (2012) 2 KLR (pt. 307) 923; (2012) 9 NWLR (PT.1305) 327

CHARGES - Plea - Validity of - Where accused raises no objection prior to his plea - The presumption is that the plea is valid (H5) Okewu v. FRN (2012) 2 KLR (pt. 307) 923; (2012) 9 NWLR (PT.1305) 327

CHARGES - Proceedings - Commencement - Proceedings starts with reading of charge to accused - And anything done thereafter falls within things done in the course of proceedings (H5) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

CHARGES - Rape - Corroboration - Relevancy of - Corroboration must be material to the charge - And must be completely credible evidence (H2) Ezigbo v. State (2012) 6 KLR (pt. 314) 2219; (2012) 16 NWLR (PT.1326)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

318

CHARGES - Validity of - Where accused pleads to a charge without objection - The presumption is that he understands the charges preferred (H2) Okewu v. FRN (2012) 2 KLR (pt. 307) 923; (2012) 9 NWLR (PT.1305) 327

CHARTERPARTIES - Contract - Exemption clause - Binding nature - Clause 11 & 14 exempts 2^nd respondent from liability - And court as well as the parties are bound by same (H11) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CHIEFTAINCY MATTERS - Appeals - Actions - Pleadings - Proof - Plaintiff must rely on strength of his case - And not on weakness of defence (H1) Akande v. Adisa (2012) 5 KLR (pt. 311) 1681; (2012) 15 NWLR (PT.1324) 538

CHIEFTAINCY MATTERS - Customary law - Registered declaration - Effect - It constitutes statement of the applicable customs - And court and parties are bound by same - Save where the declaration is fundamentally defective (H1) Adeosun v. Gov. of Ekiti State (2012) 1 KLR (pt. 304) 1; (2012) 4 NWLR (PT.1291) 581

CHIEFTAINCY MATTERS - Evidence - Contradictions - Effect on appeal - It must be shown that trial court - Failed to advert its mind to the contradictions - Before its judgment can be reversed (H2) Taiwo v. Ogundele (2012) 5 KLR (pt. 312) 2027; (2012) 15 NWLR (PT.1322) 57

CHIEFTAINCY MATTERS - Judicial Precedents - Rule in Kojo v. Bonsie - Application - The rule is not applicable to present case - That requires strict prove of native law (H1) Taiwo v. Ogundele (2012) 5 KLR (pt. 312) 2027; (2012) 15 NWLR (PT.1322) 57

COMMERCIAL LAW - Contracts - Interest on debt - Is not ordinarily payable - In the absence of express - Or implied term in contract (H10) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

COMPANY LAW - Acquisition - Proof - Person who asserts acquisition of a company by another - Must inter alia place before court - Instrument of transfer obtained from the CAC (H4) Afolabi v. Western Steel Works Ltd.

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

(2012) 7 KLR (pt. 316) 2503; (2012) 17 NWLR (PT.1329) 286

COMPANY LAW - Actions - Evidence - Admitted facts - Effect - Appellant's earlier position that the property belongs to the company - Stands against his present posture (H1) Mezu v. Co-operative & Commerce Bank Plc (2012) 7 KLR (pt. 317) 2831; (2013) 3 NWLR (PT.1340) 188

COMPANY LAW - Legal practitioners - Law firm - Signing of process - Propriety - Registration of law firm under CAMA s.573(1) - Does not entitle the firm to validly sign process (H4) FBN Ltd. v. Jawa Intn'l Ltd. (2012) 5 KLR (pt. 311) 1749

CONFLICT OF LAWS - Constitution - Election petitions - Applicable law - Specific provisions of 1999 Constitution s. 285 on election matters - Must prevail over s. 294 being a general provision (H11) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONFLICT OF LAWS - Oil & Gas - Petroleum Act vis-à-vis Back-in-Right Regulation - Oil mining lease - Acquisition of - Procedure - Method provided by Petroleum Act - Should be strictly followed (H5) NNPC v. Famfa Oil Ltd (2012) 5 KLR (pt. 312) 1947; (2012) 17 NWLR (PT.1328) 148

CONFLICT OF LAWS - Statutes & Rules of Court - Legal Practitioners Act - Where there is conflict - Provisions of the Act supersedes the rules (H3) FBN Ltd. v. Jawa Intn'l Ltd. (2012) 5 KLR (pt. 311) 1749

CONSPIRACY - Essential element - The offence is complete upon meeting of the minds - And in order to complete the offence - It is not necessary that anything should be done beyond the agreement (H5) Bright v. State (2012) 1 KLR (pt. 304) 123; (2012) 8 NWLR (PT.1302) 297

CONSPIRACY - Ingredients - How to prove - Proof of the offence is a matter of inference - Hence the involvement of appellant can be inferred from the circumstances of the case (H4) Bright v. State (2012) 1 KLR (pt. 304) 123; (2012) 8 NWLR (PT.1302) 297

CONSTITUTIONAL LAW - 1979 Constitution s. 230(1) - Interpretation - "Any of its agencies" - The phrase is interpreted to cover all organs established by law - Through which Federal government carries out its functions (H5) Agbule v. Warri Refinery (2012) 11-12 KLR (pt. 319) 3435; (2013) 6

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

NWLR (PT.1350) 318

CONSTITUTIONAL LAW - Actions - Appeals - Parties - Right of appeal - 1999 Constitution s. 233(5) - The right is reserved to party - Aggrieved at decision in a proceeding (H1) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONSTITUTIONAL LAW - Appeal - Leave - To appeal against interlocutory decisions - And on grounds that are not of law - Are to be separately secured vide provisions of the Constitution - Failing which offending grounds will be struck out (H2) Asogwa v. PDP (2012) 12 KLR (pt. 321) 4155; (2013) 7 NWLR (PT.1353) 207

CONSTITUTIONAL LAW - Appeals - Election petitions - Failure to hear within time - Effect - By 1999 Constitution s. 285(7) - Non compliance with the provision - Renders the appeal a nullity (H2) Amadi v. INEC (2012) 2 KLR (pt. 306) 533; (2013) 4 NWLR (PT.1345) 595

CONSTITUTIONAL LAW - Appeals - Grounds of law - Since the nature of the grounds are jurisdictional - And raises issue of fair hearing - 1999 Constitution s. 241(1) is applicable - Hence leave is not required (H2) Lovleen Toys Ind. Ltd. v. Komolafe (2012) 11-12 KLR (pt. 319) 3395; (2013) 14 NWLR (PT.1375) 542

CONSTITUTIONAL LAW - Appeals - Right of appeal - 1999 Constitution ss. 241(1) & 242(1) - Under the provisions - Aggrieved party can appeal as of right - Or with leave of court (H3) Nig. Laboratory Corp. v. Pacific Merchant Bank (2012) 6 KLR (pt. 314) 2249; (2012) 15 NWLR (PT.1324) 505

CONSTITUTIONAL LAW - Appeals - Right of appeal - Actions - Undefended list - 1999 Constitution s. 241(2)(a) - No right of appeal exists against order of court - Transferring suit from the list to general cause list (H7) Bona.V. Textile Ltd. v. Asaba Textile Mill Plc (2012) 9-12 KLR (pt. 318) 3063; (2013) 2 NWLR (PT.1338) 357

CONSTITUTIONAL LAW - Appeals - Right of appeal - Leave - Grounds of law - Since the grounds in issue are of law - Leave is not required - Thus the appeal is competently initiated (H1) Amadi v. INEC (2012) 2 KLR (pt. 306) 533; (2013) 4 NWLR (PT.1345) 595

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONSTITUTIONAL LAW - Constitution - "The Court" - Meaning - The phrase used in s. 285(8) refers to Court of Appeal - Hearing appeal from States and National Assembly elections (H2) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

CONSTITUTIONAL LAW - Constitution - Interpretation - Constitution is interpreted to reveal the intention of legislature - Hence the sections are never to be read in isolation (H3) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

CONSTITUTIONAL LAW - Constitution - Interpretation - Election petitions - 1999 Constitution s. 285(6) - Since the provisions are unambiguous - Supreme Court cannot extend the period provided therein (H1) Akpanudoedehe v. Akpabio (2012) 6 KLR (pt. 314) 2211; (2013) 7 NWLR (PT.1354) 485

CONSTITUTIONAL LAW - Constitution - Interpretation - Literal rule - Court must confine itself to the ordinary meaning of words used - Save it is at variance with legislature's intention (H5) Dangana v. Usman (2012) 2 KLR (pt. 306) 577; (2013) 6 NWLR (PT.1349) 50

CONSTITUTIONAL LAW - Constitution - Interpretation - Objective - It is to discover the intention of the legislature - Which is usually deduced from the language used (H4) Marwa v. Nyako (2012) 1 KLR (pt. 305) 231; (2012) 6 NWLR (PT.1296) 199

CONSTITUTIONAL LAW - Constitution - Interpretation - Principle - Where the words used are unambiguous - Court must give the words their ordinary meaning (H2) Merill Guaranty Savings & Loan Ltd. v. Worldgate Building Society Ltd. (2012) 3 KLR (pt. 309) 1331

CONSTITUTIONAL LAW - Constitution - Interpretation - Principle - Liberal approach must be adopted in interpreting constitution - Especially fundamental rights provisions (H4) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

CONSTITUTIONAL LAW - Constitution - Interpretation - Principles - Where words used in constitutional provisions are unambiguous - Same must be given their ordinary meaning - In order not to defeat the intention of the

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

lawmakers (H4) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Constitution - Interpretation - Words used in s. 285(7)(8) are unambiguous - And ought to be given their ordinary meaning (H1) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

CONSTITUTIONAL LAW - Constitution - Interpretation - Words used must be given their ordinary meaning - Where they are unambiguous (H8) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONSTITUTIONAL LAW - Constitution - Limitation period - Effect on right to fair hearing - 1999 Constitution s. 285(7) - Does not deny the right - It provides time frame to exercise same (H3) Amadi v. INEC (2012) 2 KLR (pt. 306) 533; (2013) 4 NWLR (PT.1345) 595

CONSTITUTIONAL LAW - Constitution - Time fixed - Adherence - Such time cannot be extended beyond constitutional provisions - Hence tenure of governors cannot be calculated from dates of their second oaths - As that will lead to extension (H9) Marwa v. Nyako (2012) 1 KLR (pt. 305) 231; (2012) 6 NWLR (PT.1296) 199

CONSTITUTIONAL LAW - Constitution - Time fixed - Adherence - Such time cannot be extended beyond constitutional provisions - And non compliance robs court of jurisdiction over an action (H4) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147

CONSTITUTIONAL LAW - Court processes - Originating summons - Application - Doherty v. Doherty - The summons is not available for actions - Where the facts are in dispute - And can be used in interpretation of contracts documents Constitution (H6) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONSTITUTIONAL LAW - Courts - Appeals - Application as interested party - Exercise of discretion - Since Court of Appeal complied with 1999 Constitution s. 243(a)(b) in granting the application - Supreme Court will not interfere (H2) Waziri v. Gumel (2012) 3 KLR (pt. 309) 1473; (2012) 9 NWLR (PT.1304) 185

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONSTITUTIONAL LAW - Courts - Criminal procedure - Need for interpreter - By 1999 constitution s. 36 (6) (e) - Anyone charged with a criminal offence - Is entitled to an interpreter - If he does not understand the language of the court (H1) Okoro v. State (2012) 1 KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

CONSTITUTIONAL LAW - Courts - Federal High court - Declaratory and injunctive reliefs - By 1999 Constitution s. 251(1)(r) - Reliefs claimed are within the court's jurisdiction - Since the COP being also a party - Is a federal government agency (H6) NURTW v. RTEAN (2012) 1 KLR (pt. 304) 149; (2012) 10 NWLR (PT.1307) 170

CONSTITUTIONAL LAW - Courts - Federal High Court - Jurisdiction - 1979 Constitution s. 230(1)(q)(r)(s) - The court has exclusive jurisdiction - In any matter affecting the Federal government or any of its agencies (H3) Agbule v. Warri Refinery (2012) 11-12 KLR (pt. 319) 3435; (2013) 6 NWLR (PT.1350) 318

CONSTITUTIONAL LAW - Courts - Jurisdiction - Banking matters - 1979 Constitution s. 230(1)(d) - The section does not confer exclusive jurisdiction on Federal High Court (H1) Merill Guaranty Savings & Loan Ltd. v. Worldgate Building Society Ltd. (2012) 3 KLR (pt. 309) 1331; (2013) 1 NWLR (PT.1336) 581

CONSTITUTIONAL LAW - Courts - Jurisdiction - Fundamental right - Enforcement of - Trial court can only proceed to enforce a fundamental right of an applicant guaranteed under Chapter IV of Constitution - If the main relief discloses a breach of such right (H2) Amale v. Sokoto L. G. (2012) 1 KLR (pt. 304) 99; (2012) 5 NWLR (PT.1292) 181

CONSTITUTIONAL LAW - Election petition - Appeals - Judgment - 1999 Constitution s. 285(6) - Once tribunal gives decision within 180 days and aggrieved party appeals - Its time runs until the 180 days shall be exhausted - And appellate court cannot extend the time (H2) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94; (2013) 5 NWLR (PT.1346) 94

CONSTITUTIONAL LAW - Election petition - Appeals - National Assembly election - Final court - By s. 246(3) 1999 Constitution - Court of Appeal

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

is the final court to determine dispute arising therefrom (H4) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94; (2013) 5 NWLR (PT.1346) 94

CONSTITUTIONAL LAW - Election petitions - Appeals - Courts - Judgments - Reasons - S.C. and C.A. can give their decisions in final appeals under s. 285(8) 1999 Constitution - And reserve reasons thereof (H4) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

CONSTITUTIONAL LAW - Election petitions - Appeals - Governorship Election Tribunal - Judgment - Deferment of reasons - 1999 Constitution s. 285(8) - Supreme Court is solely empowered to defer reasons for its judgment - In appeals arising from the tribunal (H2) Ikenya v. PDP (2012) 3 KLR (pt. 308) 1139; (2012) 12 NWLR (PT.1315) 493

CONSTITUTIONAL LAW - Election petitions - Appeals - Hearing - Limitation - 1999 Constitution s. 285(7) - The 60 days prescribed by the section for hearing appeal by CA & SC respectively - Cannot be extended (H3) Udenwa v. Uzodinma (2012) 12 KLR (pt. 320) 4093; (2013) 5 NWLR (PT.1346) 94; (2013) 5 NWLR (PT.1346) 94

CONSTITUTIONAL LAW - Election petitions - Appeals - Judgments - Deferment of reasons - By 1999 constitution s. 285(7)(8) - Where the appeals are final - Court of Appeal and Supreme Court may give decisions - And reserve the reasons to later date (H3) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Election petitions - Appeals - Jurisdiction - Court of Appeal - By 1999 Constitution s. 246(3) - It shall be the final court - In respect of appeals arising from National Assembly election petition tribunal (H6) Dangana v. Usman (2012) 2 KLR (pt. 306) 577; (2013) 6 NWLR (PT.1349) 50

CONSTITUTIONAL LAW - Election petitions - Appeals - National & State Assembly Elections Tribunal - Judgment - Deferment of reasons - 1999 Constitution s. 285(8) - Court of Appeal can defer reasons for its judgment - In appeals arising from the tribunal (H1) Ikenya v. PDP (2012) 3 KLR (pt. 308) 1139; (2012) 12 NWLR (PT.1315) 493

CONSTITUTIONAL LAW - Election petitions - Appeals - Rehearing - 1999

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

Constitution s.285(7) - Since 60 days provided in the Constitution has elapsed - Relief of rehearing cannot be granted (H3) Ikenya v. PDP (2012) 3 KLR (pt. 308) 1139; (2012) 12 NWLR (PT.1315) 493

CONSTITUTIONAL LAW - Election petitions - Applicable law - Specific provisions of 1999 Constitution s. 285 on election matters - Must prevail over s. 294 being a general provision (H11) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Election petitions - Governorship election tribunal - Court of Appeal - Judgment - Reasons for - 1999 Constitution s. 285(7) - Mandates the court to deliver its judgment with reasons - Within 60 days (H11) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

CONSTITUTIONAL LAW - Election petitions - Gubernatorial election - Appeal - Judgment - Final court - Since C.A. is not final court by virtue of s.233(2)(e)(iv) 1999 Constitution - The judgment is appellable to S.C (H2) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

CONSTITUTIONAL LAW - Election petitions - Hearing - 1999 Constitution s. 285(6) - Petition must be heard and judgment delivered within 180 days - From the filing date - And court cannot extend the period (H1) Ugba v. Suswam (2012) 6 KLR (pt. 314) 2345; (2013) 4 NWLR (PT.1345) 427

CONSTITUTIONAL LAW - Election petitions - Jurisdiction - Court of Appeal - By 1999 Constitution s. 246(3) - Court of Appeal is the final court - In appeal arising from National Assembly Election Petition Tribunal (H3) Okadigbo v. Emeka (2012) 1 KLR (pt. 304) 181; (2012) 11 NWLR (PT.1311) 237

CONSTITUTIONAL LAW - Election petitions - Jurisdiction - Court of Appeal - By 1999 constitution s. 246(3) - Appeals arising from National and State House of Assembly election petition tribunal - Terminates at Court of Appeal (H2) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Election petitions - Jurisdiction - Supreme Court - By 1999 constitution s. 233(2)(e)(iv) as amended - Decisions of Court of Appeal on who is validly elected as Governor - Is now appealable (H1)

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Election petitions - Legislative Houses elections - Appeal - Final court - By virtue of ss. 246(1)(b)(c) & 285(8) 1999 Constitution - Appeals from such elections terminate at Court of Appeal (H3) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

CONSTITUTIONAL LAW - Election petitions - Right of appeal - 1999 Constitution s. 246(c) - Aggrieved person can appeal against - Decision of governorship election tribunal (H8) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

CONSTITUTIONAL LAW - Election petitions - Tribunal - Judgment - Appeals - By 1999 Constitution ss. 246 & 318 - The aspect of the Tribunal's judgment appellant purports to appeal against is not appealable - Since same was not its decision (H1) ACN v. Nyako (2012) 11-12 KLR (pt. 319) 3267

CONSTITUTIONAL LAW - Election petitions - Tribunal - Jurisdiction - 1999 Constitution s. 285(6) - Non compliance with - Effect - Jurisdiction of tribunal lapses - And same cannot be conferred by court order (H2) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147

CONSTITUTIONAL LAW - Elections - Gubernatorial - Commencement of tenure - By 1999 constitution s. 180(2) - Four year tenure of the Governors started the date they took their 1st oaths of office - After a duly conducted election (H1) Marwa v. Nyako (2012) 1 KLR (pt. 305) 231; (2012) 6 NWLR (PT.1296) 199

CONSTITUTIONAL LAW - Elections petitions - Appeals - Judgment - Reasons for - Given outside time - Fate - 1999 Constitution s. 285 (7) - The judgment is a nullity (H4) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

CONSTITUTIONAL LAW - Evidence - Evaluation - Interference - Since trial Judge did not evaluate exhibits D-F1 and s. 42 of 1999 Constitution - Court of Appeal rightly did the evaluation - And come to correct decision (H8) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONSTITUTIONAL LAW - Fair hearing - Audi alteram partem - Meaning - 1999 Constitution s. 36(1) - The maxim denotes fairness and natural justice - As a Judge must hear both parties before judgment (H3) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

CONSTITUTIONAL LAW - Fair hearing - Principles - Basis - 1999 Constitution s. 36(1) - Fair hearing is conducting of trial - According to legal rules formulated - To ensure that justice is done to parties (H2) Military Gov. Lagos State v. Adeyiga (2012) 2 KLR (pt. 307) 839; (2012) 5 NWLR (PT.1293) 291

CONSTITUTIONAL LAW - Fundamental rights - Discrimination based on ethnicity - Courts must review acts of Govt or its agencies - In protection of fundamental rights of the individual (H5) Lafia L.G. v. Gov. Nasarawa State (2012) 12 KLR (pt. 321) 4385; (2012) 17 NWLR (PT.1328) 94

CONSTITUTIONAL LAW - High Court - Referral to appeal court - By 1999 Constitution s. 295(2) - Reference can be made by Judge suo motu - Or by one or both parties - And it is not mandatory that parties are heard (H2) Audu v. A-G Fed (2012) 11-12 KLR (pt. 319) 3321; (2013) 8 NWLR (PT.1355) 175

CONSTITUTIONAL LAW - Interpretation - 1999 constitution s. 180 - Intendment - The provision intends that a governor of a State - Shall only have a tenure of four years from the date he took the oaths of office (H5) Marwa v. Nyako (2012) 1 KLR (pt. 305) 231; (2012) 6 NWLR (PT.1296) 199

CONSTITUTIONAL LAW - Interpretation - 1999 Constitution s. 285(6) - Principle - Court must give effect to ordinary meaning of the words used therein (H1) ANPP v. Goni (2012) 2 KLR (pt. 307) 701; (2012) 7 NWLR (PT.1298) 147

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - 1999 Constitution s. 251(1)(q) - The court has jurisdiction over actions - Involving Federal Government or any of its agencies (H5) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONSTITUTIONAL LAW - Jurisdiction - Federal High Court - 1999 Con

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

stitution s.251 - Confers exclusive jurisdiction to the court - Over items listed therein (H8) PDP v. Sylva (2012) 4 KLR (pt. 310) 1575; (2012) 13 NWLR (PT.1316) 85

CONSTITUTIONAL LAW - Jurisdiction - Source of - It is derived from the Constitution and statutes creating a court - Hence court and parties cannot assume jurisdiction by agreement (H1) Dangana v. Usman (2012) 2 KLR (pt. 306) 577; (2013) 6 NWLR (PT.1349) 50

CONSTITUTIONAL LAW - Jurisdiction - Sources - Basis - Jurisdiction is granted by statute or Constitution - Hence no court can confer same on itself (H4) Ugba v. Suswam (2012) 6 KLR (pt. 314) 2345; (2013) 4 NWLR (PT.1345) 427

CONSTITUTIONAL LAW - Legislation - Existing law - Meaning - Existing law is one that is not repealed - And has been adopted by National Assembly - With modifications - To bring same in conformity with Constitution (H1) Timothy v. FRN (2012) 6 KLR (pt. 313) 2191; (2013) 4 NWLR (PT.1344) 213

CONSTITUTIONAL LAW - National Judicial Council - Powers - 1999 Constitution para. 21(d) of pt.1 of 3^rd Schedule - Council can recommend persons for appointment and removal as judicial officers (H9) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONSTITUTIONAL LAW - State Chief Judge - Removal of - 1999 Constitution s. 292 (1)(a)(ii) - Removal must be based on inability to discharge official functions - Or on misconduct or for contravention of code of conduct (H10) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONSTITUTIONAL LAW - Statutes - Interpretation - Role of Judge - In statutory interpretation - Judge should not flout the constitutional duty of legislature - To make laws (H2) FBN Ltd. v. Jawa Intn'l Ltd. (2012) 5 KLR (pt. 311) 1749

CONSTITUTIONAL LAW - Supreme Court - Original jurisdiction - Parties - 1999 Constitution s. 232(1) - The court sits on disputes bordering on extent of legal right - Between Federal and State(s) Government - Or be

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

tween States Government (H3) A-G Rivers State v. A-G Bayelsa State (2012) 7 KLR (pt. 316) 2519; (2013) 5 NWLR (PT.1340) 123

CONSTITUTIONAL LAW - Time - Stipulated in the Constitution - Cannot be extended by court - In purported exercise of discretion (H6) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Words & phrases - "Decision" - Definition - Decision means determination of court or tribunal - Which includes judgment or recommendation (H3) Ogboru v. Uduaghan (2012) 3 KLR (pt. 309) 1351; (2012) 11 NWLR (PT.1311) 357

CONSTITUTIONAL LAW - Words & phrases - Constitution - "All final appeals" - Meaning - It means all appeals - After which there is no further appeal to a higher court or tribunal (H10) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Words & phrases - Constitution - "Final appeals" - Meaning - The phrase does not relate to final decisions of election tribunal - It relates to the final court - Beyond which there is no further appeal (H9) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Words & phrases - Constitution - "The court" - Meaning - By 1999 Constitution s. 285(8) - It refers to Court of Appeal and Supreme Court - Depending on the facts of the case (H8) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONSTITUTIONAL LAW - Words & phrases - Decision - Meaning - 1999 Constitution s.318 - Decision means any determination of court - Which includes judgment - Decree - Or Order (H5) CPC v. Suntai (2012) 11-12 KLR (pt. 319) 3543

CONSTITUTIONAL LAW - Words & phrases - Decision of a court - Meaning - By 1999 Constitution s. 285(7) - The phrase means decision and the reasons for same - Which must be given within the assigned sixty days (H7) Abubakar v. Nasamu (2012) 2 KLR (pt. 306) 479; (2012) 17 NWLR (PT.1330) 407

CONTRACTS - Bailment - Liability - Appellant has no protection under

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

s.72(1) Nigeria Ports Act - Since contract of bailment for reward - Is not a duty imposed by statute on appellant (H4) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454

CONTRACTS - Bill of lading - Definition - Bill of lading is writing signed on behalf of ship owner - Acknowledging receipt of goods - And undertaking to deliver same - Subject to conditions stated therein (H5) Nig. Ports Plc. v. Beecham Pharm. Ltd (2012) 12 KLR (pt. 321) 4155; (2012) 18 NWLR (PT.1333) 454

CONTRACTS - Bills of lading - Contract - Notify party - Right of action - He cannot sue because he is not a party to the contract - But merely a person to be notified of the arrival of the goods (H3) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CONTRACTS - Bills of lading - Parties to - It is a contract for carriage of goods by sea - Between ship-owner and consignor on one part - And consignee on the other - Which allows only parties therein to sue on it (H2) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CONTRACTS - Binding nature - Since respondent accepted the original offer made to him by appellant - He is bound by the terms spelt out by exhibit B (H4) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

CONTRACTS - Carriage of goods by sea - Negligence - Right of action - Where damage to goods occurred during discharge operation - The owner can sue stevedores and their principals (H9) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CONTRACTS - Charterparties - Exemption clause - Binding nature - Clause 11 & 14 exempts 2^nd respondent from liability - And court as well as the parties are bound by same (H11) Pacers Multi-Dynamics Ltd v. The M.V. Dancing Sister (2012) 1 KLR (pt. 305) 385; (2012) 4 NWLR (PT.1289) 169

CONTRACTS - Commercial transaction - Interest on debt - Is not ordinar

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

ily payable - In the absence of express - Or implied term in contract (H10) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

CONTRACTS - Consideration - Definition - Consideration is impelling influence - Which induces a contracting party - To enter into contract (H5) BFI Group Corp. v. Bureau of Public Enterpr. (2012) 7 KLR (pt. 316) 2553; (2012) 18 NWLR (PT.1332) 209

CONTRACTS - Counter offer - Meaning - It is an outright rejection of the original offer - And it is tantamount to a new offer (H5) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

CONTRACTS - Court processes - Originating summons - Application - Doherty v. Doherty - The summons is not available for actions - Where the facts are in dispute - And can be used in interpretation of contracts documents Constitution (H6) Elelu-Habeeb v. A-G Federation (2012) 2 KLR (pt. 307) 743; (2012) 13 NWLR (PT.1318) 423

CONTRACTS - Courts - Award of interest - Court can award interest as consequential order - Even where same is not claimed in writ of summons (H11) African Intn'l Bank Ltd. v. Integrated Dimensional System Ltd. (2012) 5 KLR (pt. 311) 1635; (2012) 17 NWLR (PT.1328) 1

CONTRACTS - Courts - Damages - Power to Award - Damages are awarded by trial court - And such power is exercised after judicious estimation of loss to victim - Once breach of contract has been established (H1) Ahmed v. CBN (2012) 7 KLR (pt. 317) 277; (2013) 2 NWLR (PT.1339) 524; (2013) 2 NWLR (PT.1339) 524

CONTRACTS - Damages - Determination - Measure of damages in breach of contract - Is the loss flowing naturally from the breach - And is incurred in direct consequence of the violation (H6) Marine Mgt. Asso. v. N.M.A. (2012) 12 KLR (pt. 320) 3863; (2012) 18 NWLR (PT.1333) 506

CONTRACTS - Discharge - By breach - Meaning - This occurs where party acted contrary to terms by non performance - Or performing contrary to terms - Or by wrongful repudiation (H3) Ahmed v. CBN (2012) 7 KLR (pt. 317) 277; (2013) 2 NWLR (PT.1339) 524

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONTRACTS - Discharge - Means of - Contract may be discharged by performance - Agreement - Frustration - Or by breach (H2) Ahmed v. CBN (2012) 7 KLR (pt. 317) 277; (2013) 2 NWLR (PT.1339) 524

CONTRACTS - Essentials of - Determination of - The test is to ask whether an offer has been made by one party - And accepted by the other (H3) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

CONTRACTS - Estoppel by conduct - Contract - Party who by conduct induces another to enter into legal relationship with him - Will not be permitted to act inconsistently with same (H6) BFI Group Corp. v. Bureau of Public Enterpr. (2012) 7 KLR (pt. 316) 2553; (2012) 18 NWLR (PT.1332) 209

CONTRACTS - Estoppel by contract - Principle - A person is barred from denying term - Arising from contract that he has entered into (H2) A-G Nasarawa State v. A-G Plateau State (2012) 3 KLR (pt. 308) 1011; (2012) 10 NWLR (PT.1309) 419

CONTRACTS - Frustration - Determination - Frustration occurs whenever court recognizes that - Without default of either party - Contractual obligation has become incapable of being performed (H5) A-G Cross-River State v. A-G Fed. (2012) 7 KLR (pt. 317) 2717; (2012) 16 NWLR (PT.1327) 425

CONTRACTS - Frustration - Effect - Contract which is discharged by frustration - Is brought to an end automatically by operation of law - Irrespective of wishes of parties (H6) A-G Cross-River State v. A-G Fed. (2012) 7 KLR (pt. 317) 2717; (2012) 16 NWLR (PT.1327) 425

CONTRACTS - Legal relation - Intention to create - Lack of - Effect - Such a contract is incompetent - And it cannot be enforced as it is not legally binding (H6) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

CONTRACTS - Offer - Failure to reject - Effect - Since appellant failed to utilize his right to reject the original offer - Court cannot do so on his behalf (H7) Akinyemi v. Odu'a Inv. Co. Ltd (2012) 1 KLR (pt. 304) 55; (2012) 17 NWLR (PT.1329) 209

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONTRACTS - Statutes - Statutory employment - Since exhibit A is found to be made pursuant to the NEPA Act - Appointment of staff therein must attract statutory flavour (H2) PHCN v. Offoelo (2012) 12 KLR (pt. 320) 4001; (2013) 4 NWLR (PT.1344) 380

CONTRACTS - Statutes - Statutory employment - Status - Mere creation of employer by statute - Does not elevate its employment to statutory flavour - As employee's appointment must be linked with the statute (H5) PHCN v. Offoelo (2012) 12 KLR (pt. 320) 4001; (2013) 4 NWLR (PT.1344) 380

CONTRACTS - Statutory employment - Notice of retirement - Respondent is entitled to three months notice before retirement - As required by exhibit A (H3) PHCN v. Offoelo (2012) 12 KLR (pt. 320) 4001; (2013) 4 NWLR (PT.1344) 380

CONTRACTS - Statutory employment - Retirement - Communication of retirement to respondent amounts to nullity - Since it was not done in accordance with regulations in exhibit A (H4) PHCN v. Offoelo (2012) 12 KLR (pt. 320) 4001; (2013) 4 NWLR (PT.1344) 380

CONTRACTS - Statutory employment - Retirement - Propriety - Retirement of respondent by appellant is a premature one - And same shall be null and void (H6) PHCN v. Offoelo (2012) 12 KLR (pt. 320) 4001; (2013) 4 NWLR (PT.1344) 380

CONTRACTS - Terms - Binding nature - Court must treat as sacrosanct - Terms of agreement freely entered into by parties (H4) BFI Group Corp. v. Bureau of Public Enterpr. (2012) 7 KLR (pt. 316) 2553; (2012) 18 NWLR (PT.1332) 209

CONVEYANCING - Property law - Transfer - Meaning in relation to the Edict in issue - It is assignment or conveyance of all assets and liabilities - That may vest in transferee as the transferor had therein (H2) Lagos State Bulk Purchase Corp. v. Purification Techn. Ltd. (2012) 12 KLR (pt. 320) 3829; (2013) 7 NWLR (PT.1352) 82

CONVICTION - Proof - Standard of - Criminal trial is proved beyond reasonable doubt - And a conviction would not be upset on appeal - If the charge was proved based on the standard (H12) Okoro v. State (2012) 1

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

CONVICTION - Armed Robbery - Confession - Conviction - Validity - Court can convict solely on confessional statement of accused (H6) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

CONVICTION - Armed Robbery - Conspiracy - Meaning - Conspiracy consists of intention of persons - To commit an unlawful act - And conviction is on circumstantial evidence (H5) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

CONVICTION - Based on retracted confession - Validity - Prior to conviction - Extraneous evidence needs to be adduced - To make it probable that the confession is true (H4) Haruna v. A-G Federation (2012) 3 KLR (pt. 309) 1309; (2012) 9 NWLR (PT.1306) 419

CONVICTION - Basis - Conviction - Based on uncorroborated confession - Propriety - Court can convict an accused upon such - Provided among other items - That there is something outside the confession - Which shows that it may be true (H3) Bright v. State (2012) 1 KLR (pt. 304) 123; (2012) 8 NWLR (PT.1302) 297

CONVICTION - Basis - Upon retracted confession - Validity - Before accused is convicted on such confession - Court must look for extraneous evidence - Which makes the confession probable (H3) Bassey v. State (2012) 4 KLR (pt. 310) 1495; (2012) 12 NWLR (PT.1314) 209

CONVICTION - Confession - Validity - Accused can be convicted on his confession without corroboration - Provided the truth therein is unequivocal (H4) Igri v. State (2012) 12 KLR (pt. 320) 3799

CONVICTION - Confession - Validity - Confession is sufficient to support conviction without corroboration - Provided court is satisfied of the truth therein (H1) Galadima v. State (2012) 12 KLR (pt. 321) 4339; (2012) 18 NWLR (PT.1333) 610

CONVICTION - Confession - Validity - Where confession is unequivocal and amounts to guilt - Conviction can be made - Irrespective of retraction by accused (H1) State v. Isah (2012) 12 KLR (pt. 320) 4037; (2012) 16 NWLR (PT.1327) 613

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONVICTION - Confession - Validity - Where court is satisfied of the truth therein - Confession is sufficient to support conviction - Without corroboration (H4) Oseni v. State (2012) 2 KLR (pt. 307) 953; (2012) 5 NWLR (PT.1293) 351

CONVICTION - Confession - When confessional statement is proved to be voluntary - It is enough to sustain conviction - And a retraction of same at trial is immaterial (H2) Adesina v. State (2012) 12 KLR (pt. 320) 3713; (2012) 14 NWLR (PT.1321) 429

CONVICTION - Conspiracy - Meaning - Conspiracy is agreement between persons to do unlawful act - And failure to prove substantive offence - Does not render conviction for conspiracy inappropriate (H2) Osetola v. State (2012) 6 KLR (pt. 315) 2399; (2012) 17 NWLR (PT.1329) 251

CONVICTION - Courts - Evidence - Evaluation - Trial court is not bound to make findings - As to probative value of Exhibits A-N - Before a conviction is grounded (H6) Haruna v. A-G Federation (2012) 3 KLR (pt. 309) 1309; (2012) 9 NWLR (PT.1306) 419

CONVICTION - Evidence - Circumstantial evidence - Conviction - Such evidence can ground conviction only - Where the inferences points strongly to the commission of the crime by accused (H5) Adesina v. State (2012) 12 KLR (pt. 320) 3713; (2012) 14 NWLR (PT.1321) 429

CONVICTION - Guilty plea - Where accused pleads guilty - The same shall be recorded - And court may convict upon such confession - Provided charge is not punishable with death (H2) Offor v. State (2012) 9-12 KLR (pt. 318) 3207; (2012) 18 NWLR (PT.1333) 421

CONVICTION - Lesser offence - Plea of guilty - Procedure to adopt - Accused must personally plea - And a conviction can be based on same - And on evidence before judge (H7) Timothy v. FRN (2012) 6 KLR (pt. 313) 2191; (2013) 4 NWLR (PT.1344) 213

CONVICTION - Manslaughter - Since appellant's action was not intentional - He should be convicted for manslaughter (H3) Chukwu v. State (2012) 9-12 KLR (pt. 318) 3101; (2013) 4 NWLR (PT.1343) 1

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

CONVICTION - Murder - Circumstantial evidence - Conviction is justified where the circumstances are cogent - And directly points to accused - As the person that killed deceased (H13) Okoro v. State (2012) 1 KLR (pt. 305) 337; (2012) 4 NWLR (PT.1290) 351

CORROBORATION - Armed Robbery - Confession - Corroboration - Evidence of prosecution witnesses - Adequately corroborated Exhibit E (H3) Adekoya v. State (2012) 3 KLR (pt. 308) 987; (2012) 9 NWLR (PT.1306) 539

CORROBORATION - Confession - Conviction - Validity - Confession is sufficient to support conviction without corroboration - Provided court is satisfied of the truth therein (H1) Galadima v. State (2012) 12 KLR (pt. 321) 4339; (2012) 18 NWLR (PT.1333) 610

CORROBORATION - Confession - Validity - Since appellant's confessions have not been found wanting - Same are sufficient to ground conviction - Without other evidence in corroboration (H1) Chiokwe v. State (2012) 11-12 KLR (pt. 319) 3517; (2013) 5 NWLR (PT.1347) 205

CORROBORATION - Confession - Validity - Where court is satisfied of the truth therein - Confession is sufficient to support conviction - Without corroboration (H4) Oseni v. State (2012) 2 KLR (pt. 307) 953; (2012) 5 NWLR (PT.1293) 351

CORROBORATION - Conviction - Based on uncorroborated confession - Propriety - Court can convict an accused upon such - Provided among other items - That there is something outside the confession - Which shows that it may be true (H3) Bright v. State (2012) 1 KLR (pt. 304) 123; (2012) 8 NWLR (PT.1302) 297

CORROBORATION - Rape - Evidence - Relevancy of - Corroboration must be material to the charge - And must be completely credible evidence (H2) Ezigbo v. State (2012) 6 KLR (pt. 314) 2219; (2012) 16 NWLR (PT.1326) 318

CORROBORATION - Test - It should be examined inter alia - To see if there is extraneous matter - That shows the truth of the confession (H1) Onyenye v. State (2012) 6 KLR (pt. 314) 2271; (2012) 15 NWLR (PT.1324) 586

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

COURT MARTIAL - Judge Advocate - Duties of - The role of judge advocate in court martial proceedings - Is an advisory one (H2) Nigerian Army v. Dodo (2012) 6 KLR (pt. 313) 2067; (2012) 18 NWLR (PT.1331) 151

COURT MARTIAL - Membership - Armed Forces Act s. 129(a) - Interpretation - Words used in the section - Suggest that Judge Advocate is not member of General Court Martial (H1) Nigerian Army v. Dodo (2012) 6 KLR (pt. 313) 2067; (2012) 18 NWLR (PT.1331) 151

COURT PROCESSES - Abuse - Characteristics - Abuse entails departure through improper use - Or perversion of court processes - After having been filed either in same court - Or various courts (H1) Barigha v. PDP (2012) 12 KLR (pt. 321) 4221; (2013) 6 NWLR (PT.1349) 108

COURT PROCESSES - Abuse - Characteristics - Abuse features in improper use of judicial process by party - To interfere with due administration of justice (H1) R-Benkay Nig. Ltd. v. Cadbury Nig. Ltd. (2012) 3 KLR (pt. 309) 1383; (2012) 9 NWLR (PT.1306) 596

COURT PROCESSES - Abuse - Characteristics - Saraki v. Kotoye - Abuse arises in improper use of judicial process by party - To interfere with due administration of justice (H2) TSA Ind. Ltd. v. FBN (2012) 12 KLR (pt. 320) 4055; (2012) 14 NWLR (PT.1320) 326

COURT PROCESSES - Abuse - Determination - Conditions - To constitute abuse - Multiplicity of suits must have been instituted by a person - Against his opponent on same facts (H2) R-Benkay Nig. Ltd. v. Cadbury Nig. Ltd. (2012) 3 KLR (pt. 309) 1383; (2012) 9 NWLR (PT.1306) 596

COURT PROCESSES - Abuse - Proper order - Where court comes to conclusion that its process is abused - Appropriate order is that of dismissal (H4) TSA Ind. Ltd. v. FBN (2012) 12 KLR (pt. 320) 4055; (2012) 14 NWLR (PT.1320) 326

COURT PROCESSES - Actions - Commencement - Jurisdiction - Failure to commence action with valid processes - Affects exercise of court's jurisdiction in the matter (H1) Braithwaite v. Sky Bank Plc (2012) 9-12 KLR (pt. 318) 3087; (2013) 5 NWLR (PT.1346) 1

COURT PROCESSES - Actions - Judgments - Jurisdiction - Court proc

INDEX OF SUBJECT MATTER ALL SC 2012 DECISIONS

esses - Defect in - As the processes have been voided as being nullities - Decisions arising therefrom are nullities (H11) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

COURT PROCESSES - Actions - Legal practitioners - Signature - Since the processes were not signed by person cognizable as legal practitioner - The action should be struck out (H6) Alawiye v. Ogunsanya (2012) 9-12 KLR (pt. 318) 2957; (2013) 5 NWLR (PT.1348) 570

COURT PROCESSES - Appeals - Application as interested party - 1^st respondent's application does not constitute abuse of process - And Court of Appeal was right in granting same (H1) Waziri v. Gumel (2012) 3 KLR (pt. 309) 1473; (2012) 9 NWLR (PT.1304) 185

COURT PROCESSES - Appeals - Record of appeal - Presumption of regularity - Record prepared by counsel is presumed correct - More so where counsel that prepared it did not challenged same (H8) Bassey v. State (2012) 4 KLR (pt. 310) 1495; (2012) 12 NWLR (PT.1314) 209

COURT PROCESSES - Compliance with laws - Court is to ensure that process filed by parties - Comply with provisions of applicable laws (H7) PDP v. Okorocha (2012) 3 KLR (pt. 308) 1155; (2012) 15 NWLR (PT.1323) 205

COURT PROCESSES - Courts - Jurisdiction - Actions - Commencement procedure - Since originating summons cannot properly initiate the matter - Court can convert the summons and order pleadings (H4) Atago v. Nwuche (2012) 9-12 KLR (pt. 318) 2995; (2013) 3 NWLR (PT.1341) 337

COURT PROCESSES - Election petitions - Hearing - Applicable process - Because of the need for expeditious handling of election matter - Origination summons is most appropriate (H3) Nagogo v. CPC (2012) 12 KLR (pt. 321) 4441; (2013) 2 NWLR (PT.1339) 448

COURT PROCESSES - Failure to notify court - Effect - Where processes are not properly fixed for hearing - Court may not consider same (H3) MC Invest. Ltd. v. Core Invest. & Capital Market Ltd. (2012) 6 KLR (pt. 314) 2235; (2012) 12 NWLR (PT.1313) 1

COURT PROCESSES - Jurisdiction - Determination - Basis - It is plain