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Blood relative not necessarily a tainted witness

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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458 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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487 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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412 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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446 Views

Right to life of the dead can be enforced.

Case Law

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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505 Views

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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343 Views

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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559 Views

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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387 Views

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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374 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
0 Comments
869 Views

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