April 2017

The Supreme Court of Nigeria has raised an alarm over the frequency of appeals based on improper arraignments.

Hassan v. Federal Republic of Nigeria [2017] 6 NWLR (Pt. 1560) 64 at 84, paras. A-B, per Nweze, JSC: “The frequency of appeals to this court, in recent times, on the improper arraignment of defendants before trial courts should be of concern to the relevant authorities. This is, somewhat, surprising since the jurisprudence on […]

stephenazubuike
April 30, 2017
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Right to life of the dead can be enforced.

Case Law

The constitutional right to life of a deceased person can be enforced by his dependants.

Omonyahuy & Ors. v. Inspector General of Police & Ors. (2015) LPELR-25581(CA), per Augie, JCA (as she then was): …In resolving this issue, which boils down to a question of whether the constitutional right to life of a dead man can be enforced by his dependents, we are faced with an uphill task and will be […]

stephenazubuike
April 19, 2017
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149 Views

Foreign currency contract does not mean foreign exchange matter

Case Law

The mere fact that a contract is in foreign currency does not make a dispute arising a foreign exchange matter.

U.B.A. Plc v. BTL Ind. Ltd. [2006] 19 NWLR (Pt. 1013) 61 at 104, paras. B-C, per Onu, JSC: “As the claim has nothing to do with monetary or fiscal policy of the Federal Government of Nigeria in the pleadings and evidence before the court, the mere fact that the unit of account is […]

stephenazubuike
April 13, 2017
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Courts must consider current value of naira

Case Law

The courts must consider the current value of the Naira in awarding damages.

Onagoruwa v. IGP [1991] 5 NWLR (Pt. 193) 593 at 650-651, per Tobi, JCA (as he then was, and now of blessed memory): “In these days of racing inflation where the buying and purchasing power of the Naira falls drastically (and painfully so) every day and therefore not commensurate to the quality and quantity of […]

stephenazubuike
April 7, 2017
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171 Views

Case Law

THE COURTS HAVE JURISDICTION TO DETERMINE PRE-ELECTION MATTER EVEN AFTER THE CONDUCT OF THE ELECTION

Dahiru & Anor. v. A. P. C. & Ors [2017] 4 NWLR (Pt. 1555) 218 at 244, paras. H-A, per Rhodes-Vivour, JSC: A suit does not become academic simply because what gave rise to the action is concluded. A pre-election matter that was instituted prior to the conduct of an election subsists and the court in […]

stephenazubuike
April 5, 2017
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120 Views

Case Law

Notable pronouncement on the administration of justice – Pats-Acholonu, JSC

Nuhu v. Ogele [2003] 18 NWLR (Pt. 852) 251 at 272, paras D-E, per Pats-Acholonu, JSC (of blessed memory): “In the administration of justice it is important to note that justice, though intangible, was worshipped by the Romans as goddess. The symbol of woman holding the scale of balance represents justice and in order to […]

stephenazubuike
April 4, 2017
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122 Views

Case Law

The authenticity of the record of appeal can be challenged.

Odu v. Jarigbe [2017] 4 NWLR (Pt. 1556) 445 at 462, paras. D-F, per Otisi, JCA: “A record of appeal, whether settled by the parties or by the registrar where they fail to attend to compile the records, is presumed to be correct and is binding on the court and on the parties. This is […]

stephenazubuike
April 4, 2017
0 Comments
202 Views

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Month: April 2017

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