Court of Appeal Archives

CBN MOVED TO STOP A SUIT AGAINST IT FOR “INJURIOUS” FOREX POLICY BUT THE COURT OF APPEAL STOOD IN THE WAY

The Central Bank of Nigeria (CBN) is the regulator of the Foreign Exchange Market in Nigeria. The CBN periodically issues foreign exchange manuals and circulars for the operation and regulation of the market. This is in line with its statutory mandate to determine from time to time, by a suitable mechanism, the exchange rate of […]

stephenazubuike
March 14, 2021
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Case Law

COURT OF APPEAL RESCUES A FRAUDSTER WHOSE PLEA BARGAIN AGREEMENT WAS “BETRAYED” BY THE HIGH COURT

Plea Bargain – Meaning and Essential Principles Plea Bargain is an interesting invention by the law for the benefit of a person accused of committing an offence, the prosecutor and the society in general. Contrary to the assumption by many at inception in Nigeria particularly, a plea bargain does not operate to set a criminal […]

stephenazubuike
December 30, 2020
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199 Views

Case Law

COURT OF APPEAL HOLDS THAT IT IS ABSURD TO PROMOTE AN EMPLOYEE WITHOUT SALARY INCREMENT

Promotion at workplace is one of the rewards of a diligent employee who meets the employer’s expectations. Typically, this promotion attracts salary raise and improved conditions of service as may be contained in some standard employment contracts. Thus, increment in salary accounts for the reason the promotion is a subject of celebration, especially by the […]

stephenazubuike
February 13, 2020
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306 Views

Case Law

RETAINERSHIP AGREEMENT GOES SOUR: SERIOUS LESSONS FOR LAWYERS

A retainership agreement is one of the ways the services of a legal practitioner may be booked by a client for a particular period. By the nature of such agreements, the legal practitioner is expected to give the client legal cover for the specified period with respect to a range of legal services that may […]

stephenazubuike
February 6, 2020
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388 Views

Case Law

Court of Appeal upholds N898 Million damages awarded against NAFDAC for misuse of power.

National Agency for Food and Drug Administration and Control (NAFDAC) established by National Agency for Food and Drug Administration and Control Act, Cap N.1 LFN 2004. is a Federal Government agency established to regulate and control the importation, exportation, manufacture, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals. […]

stephenazubuike
December 26, 2019
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248 Views

Case Law

Dorm Account: How a bank failed to honour a withdrawal slip and why you should care.

A domiciliary account (“Dorm Account”) is a type of bank account (usually current account) which is used to transact business in foreign currencies only, as the account is not funded with local currency. In Nigeria for instance, opening a Dorm Account allows you to receive and transfer monies in currencies other than Naira, such as […]

stephenazubuike
October 28, 2019
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199 Views

Case Law

Can the law permit you to reap the fruits of illegality?

Introduction There is always the tendency to believe that the law is always an ass. Proceeding in such belief, people sometimes involve themselves in certain transactions, hoping to take advantage of the law in reaping undeserved benefits. They are able to do this, riding on some legal knowledge acquired; either by observation, experience, research or […]

stephenazubuike
October 13, 2019
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174 Views

Opinions

180 DAYS LATER

Following the whirlwind of general elections earlier conducted in Nigeria, the Petitioners, Atiku Abubakar and the Peoples Democratic Party (PDP) took it up a notch by challenging the presidential poll which was in favor of Muhammadu Buhari and of course, the All Progressives Congress (APC). This was primarily on the grounds that Buhari was not […]

shalom-alugwe-shalom
September 19, 2019
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157 Views

Case Law Law News

Coast Clear: Accounts of banks with CBN can be garnisheed without prior consent of the Attorney-General.

*Background The Central Bank of Nigeria (CBN) was established under the Central Bank of Nigeria Act, 2007 (CBN Act). The principal objects of the CBN are to ensure monetary and price stability; issue legal tender currency in Nigeria; maintain external reserves to safeguard the international value of the legal tender currency; promote a sound financial […]

stephenazubuike
August 5, 2019
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166 Views

Case Law

Failure to query an amount of debt in a letter written by a bank amounts to admission.

Bagobiri v. Unity Bank Plc (2016) LPELR-41161 (CA) Pp. 22-23, paras. F-B, per Abiru, JCA: “The Courts have held that where a bank makes a demand for settlement of a debt by a letter and the amount of the debt is contained in the letter and the debtor does not query the figure written in […]

stephenazubuike
July 12, 2019
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148 Views

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