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In a fundamental rights suit, failure to comply with section 97 of the Sheriffs and Civil Process Act is not fatal.

Ahamefula v. Guaranty Trust Bank Plc & Ors. – Suit No. FHC/L/CS/244/2015, Dagat J.: “On the issue of not complying with the Sheriffs and Civil Process Act as regards service outside jurisdiction, generally, the processes to be served outside jurisdiction must have an endorsement on it showing that it is to be served outside […]

stephenazubuike
August 31, 2017
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544 Views

Case Law

The functions of the NBA are interwoven with the functions of other regulatory bodies in the legal profession.

NBA v. Kehinde [2017] 11 NWLR (Pt. 1576) 225 at 246-247, paras. G-E, per Tukur, JCA: “Let me quickly state here that the regulatory functions of the Legal Profession in Nigeria is not bound up in one Body. It is a duty shared by many including: The Body of Benchers established by section 3 of […]

stephenazubuike
August 17, 2017
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399 Views

Case Law

A lawyer has a duty to advise his client against pursuing a useless appeal.

Chief John Oyegun v. Chief Francis Arthur Nzeribe [2010] 16 NWLR (Pt. 1220) 568 at 581, paras. D-E, per Ogbuagu, JSC: “It is now settled that where the chances of an appeal succeeding are extremely remote (as in the instant appeal), it behoves counsel in the case to advise his client of the uselessness […]

stephenazubuike
August 10, 2017
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353 Views

Special Feature

“Etisalat and The Illogic of CBN and NCC’s Intervention”: A Rejoinder, Reflection and Call to Action.

“…In essence, it is clear that what the CBN and the NCC have done, is not to interfere with the corporate governance of Etisalat (now 9mobile), but to play a key role in ensuring the protection of the overall value of the firm, and the larger stakeholder interest…” Sanford U. Mba. Sanford U. Mba, Doctoral […]

stephenazubuike
August 9, 2017
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478 Views

Case Law

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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231 Views

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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370 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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435 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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733 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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358 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
0 Comments
451 Views

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