NG Bar Crim Lit key terms

The physical element of an offence: the conduct, circumstances, or consequences that the law prohibits. It must be proved alongside the mental element before liability attaches.

The mental element of an offence, such as intention, knowledge, recklessness, or negligence. It describes the state of mind the prosecution must prove the defendant held.

A decision to bring about a prohibited result, or acceptance that it is a virtually certain consequence of one's conduct. It is the highest form of culpability in Nigerian criminal law.

Taking an unjustified risk while aware of the possibility that a prohibited consequence may occur. It sits below intention but above negligence in the scale of culpability.

The link between the defendant's conduct and the prohibited result. Factual causation asks whether the result would have occurred anyway; legal causation asks whether the conduct was a substantial operating cause.

A new intervening event that breaks the chain of causation between the defendant's conduct and the harm. It may be an act of a third party, the victim, or a natural event.

The principle that the mental element and the physical element must exist at the same time for liability to attach. A later-formed intention cannot retrospectively complete an earlier act.

An offence for which the prosecution need not prove any mental element as to one or more elements of the actus reus. Mens rea is presumed to be required unless statute clearly excludes it.

An inchoate offence committed when a person does an act that is more than merely preparatory to the commission of an offence, with the intention of committing it.

An agreement between two or more persons to commit an unlawful act, or to do a lawful act by unlawful means. The offence is complete on agreement, even if nothing is carried out.

An offence of preparing or agreeing to commit another offence, such as attempt, conspiracy, or incitement. It is punishable even where the substantive offence is never completed.

An assertion that the accused was elsewhere when the offence was committed. It must be raised at the earliest opportunity, and the police must investigate it before trial.

The obligation to prove a fact in issue. In criminal cases the prosecution bears the burden of proving guilt beyond reasonable doubt; limited statutory exceptions shift a burden to the accused.

The degree of certainty required to discharge the burden of proof. Criminal guilt requires proof beyond reasonable doubt; civil and some preliminary matters require a balance of probabilities.

The constitutional rule that an accused person is treated as innocent until the prosecution proves guilt. It underpins bail, the burden of proof, and the right to silence.

The privilege against self-incrimination, allowing an accused to refuse to answer questions. Adverse inferences may be drawn in limited circumstances where a defence is raised later.

The largest estate in land recognised at common law, of potentially infinite duration. It is freely alienable and inheritable and is not subject to any terminating condition.

An estate in land of uncertain duration, including fee simple and life estates. It contrasts with leasehold estates, which are certain in duration.

An estate in land granted for a fixed term or periodic duration. The tenant holds exclusive possession and pays rent, while the reversion remains with the landlord.

The measure of a person's interest in land, defined by its duration. Nigerian land law recognises freehold and leasehold estates, with radical title vested in the state under the Land Use Act.

A document issued by a state governor under the Land Use Act evidencing a right of occupancy over land. It is prima facie evidence of title and is registrable.

The statutory right granted under the Land Use Act to occupy and use land. It may be a statutory right of occupancy granted by the governor or a customary right of occupancy.

Items that have become part of the land by physical attachment or intention, so that ownership passes with the land. Chattels remain personal property unless they meet these tests.

An item of personal property that is not land. Whether a chattel has become a fixture depends on the degree of annexation and the purpose of the attachment.

Ownership of land by two or more persons at the same time. It may take the form of a joint tenancy, with the right of survivorship, or a tenancy in common with distinct shares.

Co-ownership in which each owner holds an undivided whole interest, with no distinct shares. The right of survivorship means the interest passes to surviving owners on death.

Co-ownership in which each owner holds a distinct, transferable share in the property. There is no right of survivorship, so a share passes under the owner's will or intestacy.

A beneficial interest in property recognised in equity rather than at common law. Examples include interests under a trust, and it binds purchasers with notice.

A trust imposed by law to prevent unconscionable conduct, often where a person acquires property subject to another's beneficial interest. It does not depend on express intention.

The rules determining which of two competing interests in the same land prevails. Registered interests generally rank ahead of unregistered ones, subject to notice and statutory exceptions.

The system by which title to land is recorded in a public register. It provides certainty of ownership and determines priority between competing interests.

The principle that a registered company is a legal entity distinct from its members and directors. It can own property, contract, sue, and be sued in its own name.

The exceptional power of a court to disregard a company's separate personality and hold members or directors liable. It applies where the corporate form is used to evade obligations or perpetrate fraud.

The rule that members' liability for company debts is limited to any amount unpaid on their shares. Creditors cannot generally recover company debts from members personally.

An act done beyond the powers conferred on a company by its objects clause or by statute. Modern company law restricts the doctrine, but it still governs acts of directors beyond authority.

A provision in the company's constitution stating the purposes for which the company is formed. It defines the scope of the company's permitted activities.

A constitutional document that states the company's name, objects, share capital, and the subscribers to its shares. It forms part of the company's constitution.

The internal rules governing a company's management, including the powers of directors and rights of members. They form part of the constitution and bind the company and its members.

A director's obligation to act with the degree of care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances. Breach may found liability for losses.

The duty of directors to act in good faith in the company's best interests, avoiding conflicts of interest and secret profits. It is owed to the company, not to individual shareholders.

A business opportunity that comes to a director by virtue of office and that the company could reasonably expect to pursue. Taking it personally without consent breaches fiduciary duty.

A situation where a director's personal interest may influence their judgment on a company matter. Directors must disclose the conflict and, where appropriate, abstain from voting.

A claim brought by a shareholder on the company's behalf against wrongdoers, usually directors. Leave of court is required, and recovery belongs to the company.

A shareholder holding too few shares to control ordinary resolutions. Statutory and equitable remedies protect them against oppression and unfair prejudice by the majority.

A statutory or equitable route allowing a shareholder to seek relief where company affairs are conducted in a manner oppressive or unfairly prejudicial to them. Remedies include buy-out orders.

A principle that courts will not second-guess a director's business decision made in good faith, on an informed basis, and without conflict of interest. It protects honest commercial risk-taking.

The funds raised by a company through the issue of shares. It is divided into shares, and members' liability is limited to amounts unpaid on those shares.

A situation where a lawyer's own interests, or those of another client, may compromise the duty of loyalty owed to a client. The lawyer must decline or obtain informed consent.

A lawyer's duty not to disclose information acquired in the course of the professional relationship without the client's authority. It survives the end of the retainer.

The client's right to withhold confidential communications made for the purpose of legal advice or litigation from disclosure in evidence. It belongs to the client, not the lawyer.

A lawyer's obligation to act solely in the client's best interests, avoiding personal gain and conflicting engagements. It underpins rules on conflicts, confidentiality, and candour.

A bank account used to hold client money separate from the lawyer's own funds. Strict rules govern receipts, payments, record-keeping, and accounting for interest.

The system of recording and reporting client funds held in trust. It requires accurate ledgers, reconciliations, and audits to protect clients from misappropriation.

The procedure a firm runs before accepting a new matter to identify existing or former clients whose interests may conflict. It prevents inadvertent breaches of loyalty and confidentiality.

A client's agreement to a lawyer's course of action after full disclosure of the material risks and alternatives. It must be given freely and by a person with capacity.

A failure by a lawyer to exercise the skill and care reasonably expected of the profession, causing loss to the client. It may found a civil claim and disciplinary sanction.

The improper use of a position of trust to induce a client to act in a way contrary to their interests. Lawyers must avoid transactions that benefit them at the client's expense.

The agreement governing how and when a lawyer is paid for services. It must be fair, disclosed in advance, and must not create a conflict with the client's interests.

Formal proceedings brought by a professional body against a lawyer for breach of professional rules. Sanctions range from admonition and suspension to striking off the roll.