Law and Order

Although this Court recently decided by a majority of 3-2 in Spiess v. Oni (2016) 14 NWLR (Pt.1532) 236 that where there is lack of good faith, the bona fide claim of right will not avail a person charged with criminal trespass. The reasoning in the majority decision is that law is meant to provide peace, security, protection, concord and purposeful co-existence amongst citizens and no reasonable society will encourage resort to self-help for whatever reason. I still remain of the strong conviction that the legal position regarding the bona fide claim of right where ownership is contested, the burden of proving mens rea must be discharged by the prosecution and Nwakire v. C. O. P. remains good law.

Every principle of law is meant to streamline and clarify issues arising from any law in force and particularly the particular provision in question. It is also meant to guide the court, litigants and counsel. This court has, in its wisdom laid down the principle that an appellate court will not set aside the conviction of an appellant merely on the complaint that he was tried and convicted under a repealed law if at that time there was an existing law which he should have been tried and convicted. That principle of law is as sound today as it was in 1992 when the case of Yabugbe V. COP (supra) was decided by this court.

I can safely say that here in Nigeria even under a Military Government, the law is no respecter of person, principalities, government or powers and that the courts stand between the citizens and the government alert to see that the state or government is bound by the law and respects the law.