October 2016

The Supreme Court Rules do not provide for award of costs in criminal cases

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 559-560, paras. H-A, per Fabiyi, JSC: “…Learned counsel for the Respondent urged that the appeal be dismissed with substantial costs. This is the first time I will read such a thing in a Brief of Argument dealing [with] a criminal matter. Learned […]

stephenazubuike
October 25, 2016
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59 Views

Case Law

Where an accused person is charged under a wrong law, the trial and conviction can still stand

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 579 paras. D-E, per Peter-Odili, JSC: “For emphasis, no matter how defective the section of law or even the legislation itself is, an accused cannot be heard to say that because he was charged under a wrong law, the infraction upon which […]

stephenazubuike
October 25, 2016
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72 Views

Case Law

Writ of Summons under Undefended List – When Issued

Obaro v. Hassan [2013] 8 NWLR (Pt. 1357) 425 at 449, paras. D-F, per Ariwoola, JSC: “…The issuance of a Writ of Summons…under Undefended List Procedure cannot precede the order of Court so to do. In other words, contrary to the misconception of the Appellant, even though the Writ of Summons is issued by the […]

stephenazubuike
October 25, 2016
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34 Views

Case Law

No court has the power to stop the investigative powers of the Police or EFCC or any agency established under our laws

Hassan v. EFCC [2014] 1 NWLR (Pt. 1389) 607 at 631 paras. G-H, per Orji-Abadua, JCA: “It ought to be mentioned that no court has the power to stop the investigative powers of the Police or EFCC or any agency established under our laws to investigate crimes where there is reasonable suspicion of commission of a […]

stephenazubuike
October 25, 2016
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35 Views

Case Law

Insubordination in public service is a serious misconduct.

F.J.S.C. v. Thomas [2013] 17 NWLR (Pt. 1384) 503 at 538, para F, per Nwodo, JCA: “Insubordination or disobedience of formal instruction from established authority remains insubordination which is an act of misconduct.” Notes: In public service, acts of insubordination has grave consequences. According to Nwodo, JCA, “Insubordination by a staff even in respect of one allegation […]

stephenazubuike
October 25, 2016
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64 Views

Case Law

It is unethical for a lawyer to depose to an affidavit on behalf of his client in a case.

Bala v. Dikko [2013] 4 NWLR (Pt. 1343) 52 at 60 para G-H, per Mohammed, JSC: “…It [is] unethical and quite contrary to the Rules of Professional Conduct in the Legal Profession for… counsel to have filed the motion and also at the same time pose as a vital witness in the affidavit in support of […]

stephenazubuike
October 25, 2016
0 Comments
73 Views

Case Law

Counsel should refrain from attending court merely to ask for adjournment so as to enable a more senior colleague to handle the matter

Madu v. Okeke [1998] 5 NWLR (Pt. 548) 159 at 164, per Tobi, JCA (of blessed memory): “…It is now a fashion for younger counsel to ask for adjournment on the ground that a more senior colleague would like to do the matter “personally”. Frankly, I do not know what this is all about…” Notes: […]

stephenazubuike
October 25, 2016
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16 Views

Case Law

On impropriety of classification of damages for breach of contract as “general” and “special”

Emirate Airline v. Ngonadi (No. 2) [2014] 9 NWLR (Pt. 1413) 506 at 546 paras. B-F, per Iyizoba, JCA: “…The terms “general” and “special” damages are normally inapt in the categorization of damages for the purposes of awards in cases of breach of contract. We have had occasion to point out before and we make the […]

stephenazubuike
October 25, 2016
0 Comments
17 Views

Case Law

On need for party to move court on each prayer or relief on his motion paper

Society Bic S. A. v. Charzin Ind. Ltd. [2014] 4 NWLR (Pt. 1398) 497 at 546, paras. F-H, per Peter-Odili, JSC: “A need to reiterate a rather trite point is that a party or counsel on his behalf has to be up and doing in canvassing what relief they seek. Therefore a party must move […]

stephenazubuike
October 25, 2016
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25 Views

Case Law

Why are lawyers called learned?

Njaba L.G.C. v. Chigozie [2010] 16 NWLR (Pt. 1218) 166 at 193 paras. B-C per Ogunwumiju, JCA: “…A lawyer is always learning, that is why we are called learned.” Notes: To put it in clearer perspective, the process of continuous learning has seen lawyers navigate through diverse areas of human endeavour. For instance, before a […]

stephenazubuike
October 25, 2016
0 Comments
19 Views

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Month: October 2016

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