ALHAJI USMAN BUA VS. BASHIRU DAUDA
June 16, 2025TRADE BANK PLC V BENILUX (NIG.) LTD
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 13127
In the Supreme Court of Nigeria
Fri May 2, 2003
Suit Number: SC.33/1999
CORAM
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
BERNARD OKOEBOR APPELLANT(S) / PLAINTIFF(S)
DEFENDANT(S) /RESPONDENT(S)
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was indicted by Deputy Superintendent of Police, A Kalu for leaving his duty post where he was assigned and for receiving a bribe of N3.00. Mr A. Kalu immediately punished the appellant with hard labour which involved leveling of a vast expanse of grassland.
HELD
Appeal allowed
ISSUES
1. Whether the Learned Justices of the Court of Appeal were right in law when they held that they entirely agreed with the Learned Trial Judge that the plaintiff failed to prove his claim and therefore not entitled to judgment.
2. Whether the Learned Justices of the Court of Appeal were right in law when they failed to make any pronouncement on the issue of an orderly room Panel trying an allegation of receiving N3.00 (three naira) bribe which said allegation amounts to a criminal offence.
3. Whether the Learned Justices of the Court of Appeal did not misdirect themselves in law when they held that Police regulations which is (sic) embodied in the statutes ought to have been pleaded and evidence given on same.
4. Whether the Learned Justices of the Court of Appeal were right in Law when they failed to make pronouncement on the trial Court’s failure to receive address from counsel.
5. Whether the Learned Justices of the Court of Appeal were right in law in not ordering a non-suit having regard to the circumstances of this case. “
RATIONES DECIDENDI
AVERMENT IN PLEADINGS
In similar vein, the law of pleadings does not require pleading a principle of the common law, but the law requires pleading of customary law because by our law of evidence, customary law is a fact which must be pleaded and proved. Per Niki Tobi J.S.C.
FAILURE TO FILE DEFENCE
The basic principle of law is that where a defendant fails to file a defence, he will be deemed to have admitted the claim or relief in the statement of claim. Per Niki Tobi J.S.C.
CASES CITED
Awoyegbe V. Ogbeide (1988) 1 NWLR (Pt. 73) 695
Aguocha V. Aguocha (1986) 4 NWLR (Pt. 37) 566
Ugo V. Obiekwe (1989) 1 NWLR (Pt. 99) 566
STATUTES REFERRED TO
Police Act, Cap.359 Laws of the Federation of Nigeria, 1990
