Mistake of Fact and Claim of Right in Nigerian Criminal Law

in 200 Level, Class Notes, Criminal Law, Legal News

People act based on what they think is real. Sometimes they're wrong. A hunter shoots at a bush thinking it's an animal, but hits a person. Someone takes money thinking it's theirs. The act was deliberate, but based on a wrong belief. Nigerian law handles these errors through Mistake of Fact (Section 25) and Bona Fide Claim of Right (Section 23). Mistake of Fact (Section 25) Section 25 provides the defense: "A person who does or omits to do an act under an honest and reasonable, but mistaken belief...

12 February

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Alibi in Nigerian Criminal Law: The Defence of Being Elsewhere

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles, Legal News

Understanding the Radical Defence That Can Destroy the Prosecution's Case Completely Have you ever watched a crime thriller where someone accused of murder proves they were at a restaurant across town when the crime happened? That's alibi in action. But in real Nigerian courtrooms, claiming "I wasn't there" isn't as simple as it sounds. The law demands precision, corroboration, and timely disclosure. Get it right, and you walk free. Get it wrong, and your alibi "collapses like a pack of cards." This guide explains everything you need to know about the defence of alibi under Nigerian criminal law—what it is, how it...

27 October

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Illegality and Public Policy in Contract Law

Posted by Kolawole Adebowale

in 200 Level, Law of Contract, Legal News

Not all agreements, even if validly formed, will be enforced by the courts. The law recognises certain categories of contracts that, despite satisfying the basic requirements of offer, acceptance, consideration, and intention to create legal relations, are nonetheless unenforceable because they are either illegal or contrary to public policy. This principle reflects the fundamental truth that contract law exists not merely to facilitate private arrangements, but to serve the broader interests of society. As the Supreme Court of Nigeria declared in Nnadozie v Mbagwu,1 "a contract is illegal if the consideration or the promise involves doing something illegal or contrary to...

26 October

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Privity of Contract: Understanding the Doctrine and Its Exceptions in Nigerian Law

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Law of Contract, Legal News

The doctrine of privity of contract stands as one of the fundamental principles governing contractual relationships in common law jurisdictions, including Nigeria. This doctrine establishes a clear boundary: only parties to a contract can enforce rights or be bound by obligations arising from that contract. For second-year law students, understanding this principle—and more importantly, its exceptions—is essential to grasping the practical realities of modern contract law. Consider a common scenario: A father enters into a contract with a builder to construct a house for his daughter as a wedding gift. The builder fails to complete the work. Can the daughter sue...