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Does the Freedom of Information Act apply to States of the Federation of Nigeria?

EDOSACA v. Osakue & Ors [2018] 16 NWLR (Pt. 1645) 199 at 224-225, paras. H-A, per Oseji, JCA: “…The Freedom of Information Act, though a noble and worthwhile piece of legislation, does not have automatic application to the States as submitted by learned Counsel for the Respondents. It therefore behooves any State interested in adopting […]

stephenazubuike
November 30, 2018
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473 Views

Case Law

Is “Further Brief of Argument” known to law?

Mrs. Umma Mohammed & Ors v. The Minister, Federal Ministry of Environment, Housing and Urban Development & Ors. [2018] 16 NWLR (Pt. 1644) 179 at 189 paras. D-E, per Ogakwu, JCA: “The Appellants’ Further Brief of Argument was filed without any order of Court. In fact, a Further Brief is unknown to the Court of […]

stephenazubuike
November 27, 2018
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405 Views

Case Law

Can a signature defect in a court process be cured by an affidavit?

Raji v. UNILORIN [2018] 15 NWLR (Pt. 1642) 220 at 236, paras. G-H, per Rhodes-Vivour, JSC: “Deposing to an affidavit to explain irredeemable flaws in the signing of the Notice of Appeal is a worthless exercise since processes must be seen to have been properly signed, just by looking at it and not by examining […]

stephenazubuike
November 19, 2018
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459 Views

Criminal Appeal by deceased appellant estate

Case Law

Locus Classicus: The Estate of a Deceased Appellant may continue a Criminal Appeal on behalf of the Deceased.

In Re: Abdullahi [2018] 14 NWLR (Pt. 1639) 272 at 292, para. H, per Augie, JSC: “The deceased Appellant died after filing the appeal against the decision of the Court of Appeal in this Court. Yes, the appeal died with the deceased Appellant, but his estate survived him, and being administrators of the deceased Appellant’s […]

stephenazubuike
October 30, 2018
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686 Views

Case Law

What is the legal status of statement made by counsel from the Bar?

[vc_row][vc_column width=”2/3″][vc_column_text] U.B.A. Plc v. Ujor [2001] 10 NWLR (Pt. 722) 589 at 607, para. A, per Opene, JCA: “It is settled that a statement by a Counsel from the Bar has the character of an oath and the Court is bound to take this into consideration.” Notes: In making the above pronouncement, the Court […]

stephenazubuike
October 5, 2018
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664 Views

Case Law

Can a foreign company sue or be sued in Nigeria?

Companhia Brasifeira De Infraestrutura (INFAZ) v. Companhia Brasileira De Entrepostos E Commercio (COBEC Nigeria Limited) [2018] 12 NWLR (Pt. 1632) 127 at 132, paras. E-F, per Aka’ahs, JSC: “This Court decided in Saeby jernstoberi Maskinfabric A/S v. Olaogun Enterprises Ltd. (1999) 14 NWLR (Pt. 637) 128 which was cited to the court below that the […]

stephenazubuike
September 20, 2018
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518 Views

Case Law

A litigant has no duty to pay court bailiff any money to effect service.

U.B.A. Plc v. Ujor [2001] 10 NWLR (Pt. 722) 589 at 603, para. B, per Opene, JCA: When a litigant files a document in the court Registry and pays all the fees, it is not his duty to pay the bailiff any money for transport or otherwise so that he could effect service on the other […]

stephenazubuike
September 3, 2018
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484 Views

Case Law

Use of expired NBA Stamp is not Fatal.

Emechebe v. Ceto Int’l (Nig.) Ltd. [2018] 11 NWLR (Pt. 1631) 520 at 534, paras. B-C, per Abubakar, JCA: “The originating processes were duly signed and stamped by the learned counsel for the Respondent, and a stamp of the legal practitioner affixed even though expired, in my view, there is no sufficient basis to strike […]

stephenazubuike
August 25, 2018
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729 Views

Case Law

Lead Judgment is superior to Concurring Judgment, BUT…

Sifax (Nig.) Ltd v. Migfo (Nig.) Ltd [2018] 9 NWLR (Pt. 1623) 138 at 176, paras. B-C, per Augie, JSC: “…Where there is any inconsistency between a concurring and a lead judgment, the law says that the former would give way to the extent of the inconsistency”. Notes: Augie, JSC relied on the Supreme Court […]

stephenazubuike
August 10, 2018
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458 Views

Case Law

The Office of the Attorney General should not be a “Champion Law Breaker”.

Madukaegbu v. State [2018] 10 NWLR (Pt. 1626) 26 at 63, paras. E-F, per Eko, JSC: “The office of the Attorney-General enures for the protection of the rights of all citizens. The hallowed office cannot, and should not, be seen as a champion law breaker. The assumption is that the Attorney-General knows all the laws […]

stephenazubuike
July 23, 2018
0 Comments
339 Views

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