Whenever a breach of judicial oath occurs, it is a misconduct itself, then the NJC is the appropriate body to investigate such breaches by the judicial officer
However, the defence of intoxication does not generally lead to acquittal instead the charge may be dropped to a lesser offence.
“the tort of malicious prosecution is an action for damages brought by one against whom a civil suit or criminal proceedings has been unsuccessfully commenced without probable cause and for aims other than bringing the alleged offender to justice”
“they can appoint an Interim Government to take over the administration of the state pending the time political stability will be restored”.
“This is because the Nigerian Police obtained the requisite order to remand him for three months pending the time thorough investigation would be completed and he would be properly arraigned in court”
“According to the Nigerian Constitution which guarantees right to personal liberty, the Police cannot, except in capital or other serious offences, detain a person beyond 48 hours in any case”.
“Rape occurs when a person has unlawful carnal knowledge of a woman without her consent, if with her consent, by means of threat or intimidation, by means of fraudulent misrepresentation as to the act or by impersonating her husband”
“Obtaining property by false pretence” is the obtaining of property by intentionally misrepresenting a past or existing facts”
“Alibi means “elsewhere” i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged”
The Law believes that it is better for ninety-nine (99) offenders to go scot-free than to punish one (1) innocent person.