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2019 Lagos High Court Rules – The Changes and the Problems.

Introduction It is no news that the High Court of Lagos State recently launched the High Court of Lagos State (Civil Procedure) Rules 2019 (“The New Rules”). Upon assumption of office as the Chief Judge of Lagos State, Hon. Justice Opeyemi Oke, pursuant to her powers under Section 274 of the Constitution of the Federal […]

stephenazubuike
May 11, 2019
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1.32K Views

Case Law Law News

How evidence of delayed erection saved a man from charge of rape.

Ofordike v. The State [2019] 5 NWLR (Pt. 1666) 395 at 422, paras. C-E, per Okoro, JSC: In the instant case, although the PW1 stated that the Appellant actually penetrated her, the Appellant, in Exhibit A, said he was about to penetrate. The learned trial Judge gave him the benefit of the doubt in view […]

stephenazubuike
May 10, 2019
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331 Views

Special Feature

5 Reasons the Emir of Kano was diluted.

Background Sanusi Lamido Sanusi (CON) (Muhammadu Sanusi II) was born on 31 July 1961. He is the 14th Emir of Kano, who was crowned on 8 June 2014 after the death of his granduncle, Ado Bayero (who died on 6 June 2014). The Emir’s appointment made him the country’s second-highest authority in the Muslim North […]

stephenazubuike
May 9, 2019
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414 Views

Case Law Notable Pronouncements

The Court is not the last hope of corrupt and desperate politicians.

Pali v. Abdu [2019] 5 NWLR (Pt. 1665) 320 at 335, paras. G-H, per Eko, JSC: “The Appellant attempted, unsuccessfully, to “steal” nomination as the candidate of the APC for Alkaleri/Kirfi Federal Constituency, in Bauchi State. He was checkmated. The suit, culminating in this appeal is one of the ploys politicians use, clearly an abuse […]

stephenazubuike
May 7, 2019
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330 Views

Special Feature

Nigerian Police and obnoxious use of the Bankers’ Order.

Introduction For a long time now, the Nigeria Police has been adopting a certain procedure in its bid to assist a complainant who alleges that (s)he is a victim of fraud. So, upon receipt of such complaint, the Police will prepare an application called Bankers’ Order and proceed straight to the nearest Magistrates’ Court to […]

stephenazubuike
May 7, 2019
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576 Views

Case Law Notable Pronouncements

We must review our attitude towards senior citizens.

C.B.N. v. Amao [2010] 16 NWLR (Pt. 1219) 271 at 307, per Onnoghen, JSC (as he then was): “…It is important for every organisation in this country, including the Appellant, to wear a human face in its treatment of the people, particularly the senior citizens, because it will be anybody’s turn tomorrow to be a […]

stephenazubuike
May 6, 2019
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329 Views

Law News

Thirty-five-year-old case finally decided by the Supreme Court of Nigeria.

The Supreme Court of Nigeria recently decided a case filed in 1984 – Suit No. KDH/256/84 – by The Registered Trustees of Archdiocese of Kaduna of the Roman Catholic Church against Alhaji Mansur Ahmed, Mrs. Dorothy Ajijola, Kaduna Textiles Ltd and H. H. Holdings (The representatives of Debenture Holders and other contributors of Sacred Heart […]

stephenazubuike
May 6, 2019
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274 Views

Case Law

Is the promotion of an employee a right or a privilege?

Nwoye v. FAAN [2019] 5 NWLR (Pt. 1665) 193 at 218, paras. B-C, per Kekere-Ekun, JSC: “Promotion from one level or position in an organization to another is not a right but a privilege, which is earned. An employer cannot be compelled to promote its employee no matter the good opinion the employee might have […]

stephenazubuike
May 3, 2019
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844 Views

Case Law

Are banks obliged to obey EFCC’s instruction to freeze a customer’s account?

GTB Plc v. Adedamola [2019] 5 NWLR (Pt. 1664) 30 at 43, paras. E-F, per Abubakar, JCA: “Before freezing customer’s account or placing any form of restraint on any bank account, the bank must be satisfied that there is an order of court. By the provisions of Section 34(1) of the Economic and Financial Crimes […]

stephenazubuike
May 2, 2019
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547 Views

Case Law

Doctors have the right to watch you die if you refuse treatment.

M.D.P.D.T. v. Okonkwo [2001] 7 NWLR (Pt. 711) 206, per Ayoola, JSC: “The patient is free to decide whether or not to submit to treatment recommended by the doctor. If the doctor making a balanced judgment that advises the patient to submit to the operation, the patient is entitled to reject the advice for reasons […]

stephenazubuike
April 26, 2019
0 Comments
489 Views

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