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Ecobank moved to “kill” Honeywell Flour Mills by irregular procedure but the Supreme Court waded in.

Ecobank (Nig.) Ltd v. Honeywell Flour Mills Plc [2019] 2 NWLR (Pt. 1655) 55 at 84, para. B. per Okoro, JSC: “May I state it without equivocation that application for orders of injunction affecting the rights and obligations of parties cannot be moved ex-parte in winding up proceedings. Parties must be put on notice.” The […]

stephenazubuike
April 11, 2019
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261 Views

Case Law

Illness of counsel in a firm of lawyers cannot stall proceedings.

Malari v. Leigh [2019] 3 NWLR (Pt. 1659) 332 at 368, para. G, per I. T. Muhammad, JSC: “It is foolhardy for a counsel representing a party, where it is shown that he has other qualified counsel in his firm, to claim that the matter he is handling in Court cannot go on because he […]

stephenazubuike
April 7, 2019
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285 Views

Case Law

No Governor’s Consent? No Problem.

Ibrahim v. Obaje [2019] 3 NWLR (Pt. 1660) 389 at 412, paras. B-D, per Ogunbiyi, JSC: “I agree with the Respondent’s Counsel that it is not the intendment of the Legislature that Section 22 of the Land Use Act, on consent would limit and deny parties of their rights to use and enjoy land and […]

stephenazubuike
April 5, 2019
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1.12K Views

Case Law Notable Pronouncements

The Supreme Court had long warned against reckless use of firearms by the Police.

Adekunle v. State [2006] 14 NWLR (Pt.1000) 717 at 749, per Ogbuagu, JSC: “Let me observe here that it is becoming very notorious and most disturbing these days when policemen use guns purchased for them with public money and meant for the protection of the citizenry, are freely used to mow down innocent citizens of […]

stephenazubuike
April 1, 2019
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443 Views

Legal Explainer

Legal Explainer: Innoson “Takes Over” GTBank – Meaning.

Background Innoson Nigeria Ltd (“Innoson”) had at the Federal High Court, Ibadan, obtained Judgment delivered on 20th December, 2010 against the Nigeria Customs Service and the Attorney-General of the Federation sued as Defendants. Guranty Trust Bank Plc (“GTB” or “GTBank”) was not a party to the suit. The Judgment sum was over Seven Hundred Million, […]

stephenazubuike
March 30, 2019
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372 Views

Case Law

Caning a child for non-payment of school fees is not only wrongful but illegal.

Master Destiny Kalu & Mr. Inyima Kalu v. Mrs. Uche Obi Owen & Miss Uduak Sam, Suit No. LD/330/2013, per Idowu J: “Caning a child for non-payment of fees is not only wrongful but illegal. It is trite and universally accepted that caning a child does not have positive effect. Flogging is an abuse of […]

stephenazubuike
March 28, 2019
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344 Views

Legal Explainer

Justice Onnoghen’s Trial: Legal Implications of Close of Case and No Case Submission.

Close of Case In any case before the court (whether criminal or civil), both parties to the case are allowed by law to present their cases in turns during the trial or hearing of the matter. Trial proceedings typically involves the calling of witnesses (oral evidence) and tendering of documents (documentary evidence) in support of […]

stephenazubuike
March 25, 2019
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311 Views

Case Law Notable Pronouncements

Notable Pronouncement: On purpose of politics and need to concede defeats at elections.

Lawal v. APC [2019] 3 NWLR (Pt. 1658) 86 at 106, paras. B-E, per Bage, JSC: “One thing I must say before concluding this Judgment is that our gentlemen and women in the business of politics must now start to learn to accept and concede defeat at elections, there will always be a winner at […]

stephenazubuike
March 20, 2019
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191 Views

Case Law

Who is entitled to receive financial recoveries made by the EFCC?

EFCC v. Chidolue [2019] 2 NWLR (Pt. 1657) 442 at 461, paras. B-C, per Okoro JSC: “My understanding of the above provisions [Section 14(2) and (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004] is that where a person, be it Federal Government, State Government, Local Government, an institution or an individual complains […]

stephenazubuike
March 19, 2019
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430 Views

Case Law

Can words alone constitute provocation so as to serve as a defence to criminal liability?

Ahungur v. State [2019] 2 NWLR (Pt. 1657) 393 at 404, paras. F-G, per Galinje, JSC: “In Edache v. The Queen (1962) NRNLR 56, (1962) 1 SCNLR 122, this Court held that circumstances could exist when words alone could give rise to provocation, grave enough to deprive an offender power of self-control. But whether words […]

stephenazubuike
March 18, 2019
0 Comments
397 Views

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