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A Judge with little or no adequate knowledge of law is better than a corrupt Judge.

Makarfi v. Poroye [2017] 10 NWLR (Pt. 1574) 419 at 440-441, paras. G-D, per Saulawa, JCA: “…Instructively, implicit in the judicial oath subscribed to by all of us judicial officers, fundamentally requires a total commitment to the rule of law, to the dispensation of justice according to law, without fear and favour, affection or […]

stephenazubuike
July 26, 2017
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Case Law

Issue of candidate qualification is a pre-election matter as well as a post-election matter.

Dickson v. Sylva [2017] 10 NWLR (Pt. 1573) 299 at 341-342, paras. B-C, per Sanusi, JSC: “As rightly conceded by the learned silk for the appellant, issue of qualification is a pre-election matter as well as a post election matter. Thus, the tribunal, the Court of Appeal and indeed this court can take cognizance […]

stephenazubuike
July 19, 2017
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296 Views

Case Law

A “Memorandum of Understanding” or “Letter of Intent” is not a binding contract.

BPS Construction & Engineering Co. Ltd. v. F.C.D.A. [2017] 10 NWLR (Pt. 1572) 1 at 28, paras. G-H, per Kekere-Ekun, JSC: “…It is clear that a memorandum of understanding or letter of intent, merely sets down in writing what the parties intend will eventually form the basis of a formal contract between them. It […]

stephenazubuike
July 9, 2017
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320 Views

Case Law

It is erroneous to assume that people who communicate in Pidgin English do not understand proper or Queen’s English.

Opara v. Attorney-General of the Federation [2017] 9 NWLR (Pt. 1569) 61 at 109, paras. A-E, per Kekere-Ekun, JSC: “On the contention that the appellant who speaks Pidgin English does not understand English Language, this court in a recent decision in Olanipekun v. The State (2016) LPELR-40440 (SC) @ 8-9, D-A; (2016) 13 NWLR (Pt. 1528) 100 […]

stephenazubuike
July 4, 2017
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533 Views

Case Law

An application to set aside an arbitral award is not in the nature of an appeal against the award.

NITEL Ltd. v. Okeke [2017] 9 NWLR (Pt. 1571) 439 at 473, paras. A-C; 474, paras. A-B, per Kekere-Ekun, JSC: “At the outset, I must say that learned counsel for the respondent correctly stated the position of the law that arbitration proceedings are sui generis. An application to set aside an arbitral award is […]

stephenazubuike
July 1, 2017
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258 Views

Electronic evidence require certification and must be demonstrated

Case Law

The computer or gadget to be used in playing or demonstrating electronic evidence does not need certification.

Dickson v. Sylva [2017] 8 NWLR (Pt. 1567) 167 at 222, paras. B-C, per Ngwuta, JSC: “In the same vein, once the computer generated document has been admitted in evidence, having satisfied all the requirements of section 84(2) of the Act, the statement therein can be produced for the court or tribunal by the […]

stephenazubuike
June 15, 2017
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343 Views

Blood relative not necessarily a tainted witness

Case Law

The blood relation of a victim of crime is not necessarily a tainted witness.

Adekoya v. State [2017] 7 NWLR (Pt. 1565) 343 at 359, paras. A-B, per Peter-Odili, JSC: “The evidence of PW4 was not contradicted during cross-examination. Learned counsel for the appellant had sought to discredit the testimony on the ground that PW4 was a tainted witness. In that regard, I would have to say that the […]

stephenazubuike
June 4, 2017
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311 Views

Case Law

Ex parte order for arrest of ship shall subsist and not lapse automatically after 14 days.

Transnav Purpose Navigation Ltd. v. Sam Purpose (Unreported) – Suit No. FHC/L/CS/39/17 – Idris J: “Counsel to the Defendant/Applicant relied on the decision of the Court of Appeal in JESSCO MARITIME RESOURCES LTD VS. THE “MT” MOTHER BENEDICTA & ANOR. (UNREPORTED) APPEAL NO. CA/L/511/2010 in arguing that the lifespan of an ex parte order is only 14 […]

stephenazubuike
May 22, 2017
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352 Views

Case Law

The court cannot grant extension of tenure to a President or Governor that was illegally impeached from office.

Nyako v. Adamawa State House of Assembly & Ors. [2017] 6 NWLR (Pt. 1562) 347 at 412, paras. D-G, per Peter Odili, JSC: “This Court in a recent case involving Marwa v. Nyako (2012) 6 NWLR (Pt. 1296) 199 at 387 stated that section 180(1) and 2(a) of the 1999 Constitution of the Federal Republic of Nigeria […]

stephenazubuike
May 10, 2017
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306 Views

Case Law

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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329 Views

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