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Right to life of the dead can be enforced.

The constitutional right to life of a deceased person can be enforced by his dependants.

Omonyahuy & Ors. v. Inspector General of Police & Ors. (2015) LPELR-25581(CA), per Augie, JCA (as she then was): …In resolving this issue, which boils down to a question of whether the constitutional right to life of a dead man can be enforced by his dependents, we are faced with an uphill task and will be […]

stephenazubuike
April 19, 2017
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Foreign currency contract does not mean foreign exchange matter

Case Law

The mere fact that a contract is in foreign currency does not make a dispute arising a foreign exchange matter.

U.B.A. Plc v. BTL Ind. Ltd. [2006] 19 NWLR (Pt. 1013) 61 at 104, paras. B-C, per Onu, JSC: “As the claim has nothing to do with monetary or fiscal policy of the Federal Government of Nigeria in the pleadings and evidence before the court, the mere fact that the unit of account is […]

stephenazubuike
April 13, 2017
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Courts must consider current value of naira

Case Law

The courts must consider the current value of the Naira in awarding damages.

Onagoruwa v. IGP [1991] 5 NWLR (Pt. 193) 593 at 650-651, per Tobi, JCA (as he then was, and now of blessed memory): “In these days of racing inflation where the buying and purchasing power of the Naira falls drastically (and painfully so) every day and therefore not commensurate to the quality and quantity of […]

stephenazubuike
April 7, 2017
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Case Law

THE COURTS HAVE JURISDICTION TO DETERMINE PRE-ELECTION MATTER EVEN AFTER THE CONDUCT OF THE ELECTION

Dahiru & Anor. v. A. P. C. & Ors [2017] 4 NWLR (Pt. 1555) 218 at 244, paras. H-A, per Rhodes-Vivour, JSC: A suit does not become academic simply because what gave rise to the action is concluded. A pre-election matter that was instituted prior to the conduct of an election subsists and the court in […]

stephenazubuike
April 5, 2017
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Case Law

Notable pronouncement on the administration of justice – Pats-Acholonu, JSC

Nuhu v. Ogele [2003] 18 NWLR (Pt. 852) 251 at 272, paras D-E, per Pats-Acholonu, JSC (of blessed memory): “In the administration of justice it is important to note that justice, though intangible, was worshipped by the Romans as goddess. The symbol of woman holding the scale of balance represents justice and in order to […]

stephenazubuike
April 4, 2017
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283 Views

Case Law

The authenticity of the record of appeal can be challenged.

Odu v. Jarigbe [2017] 4 NWLR (Pt. 1556) 445 at 462, paras. D-F, per Otisi, JCA: “A record of appeal, whether settled by the parties or by the registrar where they fail to attend to compile the records, is presumed to be correct and is binding on the court and on the parties. This is […]

stephenazubuike
April 4, 2017
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614 Views

Special Feature

EXTENDED INTERVIEW: MEGAN CHAPMAN GIVES MORE INSIGHTS ON THE DISPLACEMENT OF THOUSANDS OF INHABITANTS OF OTODO GBAME COMMUNITY BY THE LAGOS STATE GOVERNMENT.

Megan Chapman is a Co-Director, Justice & Empowerment Initiatives – an Organisation that stands for the empowerment of the poor and marginalised individuals and communities in conjunction with Nigerian Slum/Informal Settlement Federation. She is a lawyer and a scholar of high repute. Megan holds a J.D. from American University Washington College of Law (summa cum […]

stephenazubuike
March 29, 2017
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249 Views

Case Law

There is a presumption that a lawyer always speaks the truth.

Saraki v. Federal Republic of Nigeria [2016] 3 NWLR (Pt. 1500) 531 at 603-604, paras. G-B, per Muhammad, JSC: “My lords, it is clear from the records of appeal that at the time proceedings were initiated to prosecute the appellant at the tribunal, there was no person occupying the office of the Attorney-General of […]

stephenazubuike
March 27, 2017
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278 Views

Case Law

A student who sits for an examination or completes a course of study has a right to know the result.

Unilorin v. Rasheedat Adesina [2014] 10 NWLR (Pt. 1414) 159 at 175-176, paras. H-A, Aka’ahs, JSC: “The respondent was entitled to know the outcome of her examinations. It is the practice the world over that where a student sits for an examination or completes a course he or she is entitled to know the outcome […]

stephenazubuike
March 20, 2017
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302 Views

Case Law

A suit dismissed for want of diligence may never be relisted. Beware!

Banna v. Telepower (Nig.) Ltd. [2006] 15 NWLR (Pt. 1001) 198 at 220, paras. F-G, per Tobi, JSC (of blessed memory): “A plaintiff has not only a right to file an action in court to redress a wrong done him by a defendant; he also has a duty to prosecute the matter to conclusion within […]

stephenazubuike
March 17, 2017
0 Comments
689 Views

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