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It is unethical for counsel to appear in court without the relevant case file

Madu v. Okeke [1998] 5 NWLR (Pt. 548) 159 at 164 per Tobi, JCA (as he then was and now of blessed memory): “…it is like a carpenter going to his workshop without the relevant wood. As the carpenter cannot carry out his function of carpentry, so also will the advocate not […]

stephenazubuike
October 26, 2016
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Case Law

Oral evidence of the description of the situation of a land in dispute may serve as sufficient proof of identity

Atanda v. Iliasu [2013] 6 NWLR (Pt. 1351) 529 at 555, paras. E-F, per Ogunbiyi, JSC: “It is also significant and trite to state herewith that oral evidence of the description of the situation of a land in dispute will serve as sufficient proof of identity and which will dispense with the need to tender […]

stephenazubuike
October 25, 2016
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228 Views

Case Law

The signature of a legal practitioner must not be on the roll

Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 632, para. H, per Jauro, JCA: “By a combined effect of the aforementioned (sections 2(1) and 24) of the Legal Practitioners Act, it is clear that the person who is entitled to practice as a legal practitioner must have had his name on the roll. It […]

stephenazubuike
October 25, 2016
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248 Views

Case Law

Requirement where a counsel is signing for and on behalf of another

Adeneye v. Yaro [2013] 3 NWLR (Pt. 1342) 625 at 633, paras. B-C, per Jauro, JCA: “The proper thing to do where a counsel is signing a process for and on behalf of another, the counsel signing must indicate his name, immediately below the signature. By indicating the name on the process, it establishes that […]

stephenazubuike
October 25, 2016
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258 Views

Case Law

On whether Court of Appeal can deliver judgment and adjourn for reasons in a governorship election matter

C.P.C. v. Yuguda [2013] 7 NWLR (Pt. 1354) 450 at 460, paras. F-G, per Peter-Odili, JSC: “…It is not for the Court of Appeal to deliver a judgment so called and adjourn for reasons, since it is not the final destination in an appeal over the Governorship disputed election nor can such a reason be […]

stephenazubuike
October 25, 2016
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166 Views

Case Law

It is abomination to kill innocent people in God’s name

Ezeugo v. State [2013] 9 NWLR (Pt. 1360) 508 at 588 paras. D-F, per Saulawa, JCA: “I have deemed it expedient to remark, at this point in time, that the circumstances surrounding the brutal and merciless setting ablaze of the deceased and other persons by the Appellant in ‘God’s name’ was most unbelievably appalling! The […]

stephenazubuike
October 25, 2016
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234 Views

Case Law

The Supreme Court Rules do not provide for award of costs in criminal cases

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 559-560, paras. H-A, per Fabiyi, JSC: “…Learned counsel for the Respondent urged that the appeal be dismissed with substantial costs. This is the first time I will read such a thing in a Brief of Argument dealing [with] a criminal matter. Learned […]

stephenazubuike
October 25, 2016
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387 Views

Case Law

Where an accused person is charged under a wrong law, the trial and conviction can still stand

Egunjobi v. Federal Republic of Nigeria [2013] 3 NWLR (Pt. 1342) 534 at 579 paras. D-E, per Peter-Odili, JSC: “For emphasis, no matter how defective the section of law or even the legislation itself is, an accused cannot be heard to say that because he was charged under a wrong law, the infraction upon which […]

stephenazubuike
October 25, 2016
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501 Views

Case Law

Writ of Summons under Undefended List – When Issued

Obaro v. Hassan [2013] 8 NWLR (Pt. 1357) 425 at 449, paras. D-F, per Ariwoola, JSC: “…The issuance of a Writ of Summons…under Undefended List Procedure cannot precede the order of Court so to do. In other words, contrary to the misconception of the Appellant, even though the Writ of Summons is issued by the […]

stephenazubuike
October 25, 2016
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570 Views

Case Law

No court has the power to stop the investigative powers of the Police or EFCC or any agency established under our laws

Hassan v. EFCC [2014] 1 NWLR (Pt. 1389) 607 at 631 paras. G-H, per Orji-Abadua, JCA: “It ought to be mentioned that no court has the power to stop the investigative powers of the Police or EFCC or any agency established under our laws to investigate crimes where there is reasonable suspicion of commission of a […]

stephenazubuike
October 25, 2016
0 Comments
484 Views

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