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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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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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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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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
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Law News

Statutory corporations and organisations have a duty to treat their pensioners humanely.

C.B.N. v. Amao [2010] 16 NWLR (Pt. 1219) 271 at 307, paras. C-H, per Onnoghen, JSC (now CJN): “It is rather unfortunate that the efforts of the Federal Government to put smile on the faces of the pensioners of the appellant so as to alleviate their sufferings having regards to the harsh economic realities […]

stephenazubuike
March 15, 2017
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Case Law

Complaint by the Nigerian Bar Association against a lawyer before the LPDC cannot be withdrawn.

NBA v. Henkyaa [2016] 11 (Pt. 1522) 164 at 173-174, paras. G-C, per Daudu, SAN: “Dealing with the purported withdrawal of the complaint, we reaffirm our position that applying to withdraw a petition at this stage is akin to bolting the stable gates after the horse has escaped. This is because the petition has […]

stephenazubuike
March 13, 2017
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653 Views

Case Law

A lawyer has a duty not to use offensive and insulting language on the court – Notable pronouncement by Sankey, JCA.

Maitumbi v. Baraya [2017] 2 NWLR (Pt. 1550) 347 at 409-410, paras. B-G, per Sankey, JCA: “One last word before I am done. It is quite disheartening to note the brazen, insalubrious and un-warranted attack on this court by learned counsel for the appellants when referring to this court’s previous finding in the unreported case of […]

stephenazubuike
March 9, 2017
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Failure to indicate counsel signing is not fatal

Case Law

Failure to indicate the particular counsel who signed a court process where more than one name appeared is not fatal.

Maitumbi v. Baraya [2017] 2 NWLR (Pt. 1550) 347 at 394, paras. C-E, per Sankey, JCA: “On the authority of INEC v. Oshiomole [2009] 4 NWLR (Pt. 1132) 607, it was incumbent upon the 1st respondent who contested the ownership of the signature (and not the petitioners) to prove his assertion that the signature on the petition did […]

stephenazubuike
March 9, 2017
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487 Views

Case Law

A Court has a duty not to impose light sentence for the offence of rape.

Posu v. State [2011] 2 NWLR (Pt. 1234) 393 at 418, paras. A-B, per Adekeye, JSC: “The purpose of the criminal law is to prevent harm to the society. The offence of rape is by every standard a grave offence which often leaves the victim traumatised and dehumanised. A light sentence as in the case […]

stephenazubuike
March 7, 2017
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382 Views

Case Law

A court cannot insist that a particular counsel in a chambers must conduct a case.

Ceekay Traders Ltd. v. General Motors Co. Ltd. [1992] 2 NWLR (Pt. 222) 132 at 163, paras. E-F, Olatawura, JSC: “With the development in legal practice, legal practitioners frequently enter into partnerships. In each Chambers there are many practitioners. A litigant may brief one of the partners, but the Chambers is responsible for the conduct […]

stephenazubuike
March 6, 2017
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375 Views

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