Items filtered by date: Friday, 24 March 2023
FRESH POINT(S) ON APPEAL - Whether a party can raise fresh issue(s) on appeal without leave of Court
HELD:
FORMULATION OF ISSUE(S) FOR DETERMINATION - Whether issue(s) for determination must be distilled from competent ground(s) of appeal; Effect of failure
HELD:
"The law is settled in the appellate Courts that issues for determination in an appeal against the decision of a lower Court must inure, arise from and be distilled from the grounds of the appeal which contain the real complaints against the decision of the lower Court.
FORMULATION OF ISSUE(S) FOR DETERMINATION - Whether issue(s) for determination must be distilled from competent ground(s) of appeal; Effect of failure
HELD:
"The law is settled in the appellate Courts that issues for determination in an appeal against the decision of a lower Court must inure, arise from and be distilled from the grounds of the appeal which contain the real complaints against the decision of the lower Court.
FRESH POINT(S) ON APPEAL - Circumstance(s) in which an appellate court will/may entertain fresh point/issues on appeal
HELD:
"The Appellant has raised the defence of insanity for his discharge and acquittal to the crime committed.
FRESH POINT(S) ON APPEAL - Whether a party can raise fresh issue(s) on appeal without leave of Court
HELD:
"The two issues argued in this appeal are fresh issues, having not been issues either at the trial Court or the lower Court. Appeal is by way of rehearing.
SUPREME COURT - Whether the Supreme Court can go beyond the real question in controversy in the appeal
HELD:
DEFENCE(S) OF ACCUSED PERSON(S) - Whether the duty of the Court to consider all defences available to an accused extends to formulating/inventing a defence for the accused person
HELD:
"In raising, for the first time, the fresh issue of insanity under Ground one polymerised to such an elusive elasticity the Appellant's counsel had apparently misconceived the dictum of this Court in STATE v. JOHN (2013) 12 NWLR (pt. 1368) 337 at 355, and Section 22 of the Supreme Court Act.
DEFENCE OF INSANITY - Duty of the defence to lead evidence to establish the defence of insanity
HELD:
"The Appellant, represented at the trial by a Counsel, never once raised the defence of insanity.
DEFENCE OF INSANITY - Statutory provision on the defence of insanity
HELD:
"Section 51 of the said Penal Code Law offers the statutory defence of insanity.
DEFENCE OF INSANITY - Statutory provision on the defence of insanity
HELD:
"Section 51 of the said Penal Code Law offers the statutory defence of insanity.
