WEEK 14. TRIAL 2: TRIAL PREPARATION AND EVIDENCE. RULES OF EVIDENCE AS TO – BURDEN OF PROOF: is a party’s legal obligation to adduce evidence to support his case. It may be legal burden (ultimate) which is fixed by law (e.g. proof of guilt/ingredients of offence which always rests on the prosecution in criminal cases […]
WEEK 15 TRIAL 3 (EXAMINATION OF WITNESSES) :: Examination of witness means putting questions to witnesses with a view to eliciting relevant information. See generally Section 214 and 215 EA for examination of witnesses. :: TYPES OF EXAMINATION: NB: refer to the discussion in Professional Ethics on Examination in Chief, Cross-Examination and Re-Examination. EXAMINATION IN […]
WEEK 17 JUDGMENT AND SENTENCING :: FEATURES OF A VALID JUDGMENT See, 245 CPA, 269 CPC, 275 ACJL, 308 ACJA Adamu v The State: it should: – Be written, dated, signed or sealed (c) by the court when pronouncing it in open court[1]. – Contain consideration of facts, evidence, point(s) for determination, evaluation decision(s) thereon […]
WEEK 16 TRIAL 4 (PRESENTATION OF THE CASE FOR THE DEFENCE) MAKE AN OPENING ADDRESS FOR THE DEFENCE. :: OPTIONS AVAILABLE TO AN ACCUSED PERSON AT THE CLOSE OF THE CASE FOR THE PROSECUTION: The accused may; make a no case submission, rest his case on that of the prosecution, open his defence (i.e. call […]
WEEK 18 APPEALS 1 Appeal is where a party seeks to review or reverse any error or omission by a lower court at the higher court. :: EXPLAIN THE BASIS OF APPEAL: Appellant should have the right to appeal (this right being conferred by statute). From Section 243 CFRN, it is only a party to […]
WEEK 19 APPEALS 2 :: GROUND OF APPEAL: (rearrange) may be that – Trial court lacked or exceeded jurisdiction, – decision was obtained by fraud; – double Jeopardy; -Wrongful admission/rejection of evidence and no sufficient evidence to sustain conviction; – decision is erroneous in point of law; illegalities not earlier mentioned were committed in the […]
