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Case Law Law News Notable Pronouncements

Pathetic! Perverse decision of Kwara State Judicial Service Commission against a Magistrate struck down.

The Story K.S.J.S.C V. Tolani [2019] 7 NWLR (Pt. 1671) 382 Miss Yetunde Zainab Tolani was employed by the Kwara State Judicial Service Commission (“KSJSC” or “the Commission”) as a Magistrate Grade II by a letter of appointment dated 23/12/2004. Shortly after her employment, the Commission received a petition from one Abdul-Rasaq Tunde Raji alleging […]

stephenazubuike
June 17, 2019
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Case Law Notable Pronouncements

Court of Appeal censures Senator Jacob Tilley-Gyado for his role in wrecking the defunct Intercontinental Bank Plc.

Introduction The use of credit facilities is a nearly indispensable tool for the enhancement of business activities. Smith captures it more as follows: “Commerce and investment are the lifeblood of any economy. Financing these major economic activities requires the use of credit facilities by individual entrepreneurs, corporate entities, small and large scale industries and multinationals […]

stephenazubuike
June 4, 2019
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Law News Legal Explainer

Should Hon. Justice Bulkachuwa recuse herself from Atiku’s Election Petition?

Background It has been reported that the Peoples Democratic Party (PDP) and other groups like Access to Justice (AJ) have urged the President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa, to re-consider her membership of the Court of Appeal Panel* hearing the election Petition filed on behalf of Atiku Abubakar and the PDP […]

stephenazubuike
May 13, 2019
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Law News

Thirty-five-year-old case finally decided by the Supreme Court of Nigeria.

The Supreme Court of Nigeria recently decided a case filed in 1984 – Suit No. KDH/256/84 – by The Registered Trustees of Archdiocese of Kaduna of the Roman Catholic Church against Alhaji Mansur Ahmed, Mrs. Dorothy Ajijola, Kaduna Textiles Ltd and H. H. Holdings (The representatives of Debenture Holders and other contributors of Sacred Heart […]

stephenazubuike
May 6, 2019
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Case Law

Are banks obliged to obey EFCC’s instruction to freeze a customer’s account?

GTB Plc v. Adedamola [2019] 5 NWLR (Pt. 1664) 30 at 43, paras. E-F, per Abubakar, JCA: “Before freezing customer’s account or placing any form of restraint on any bank account, the bank must be satisfied that there is an order of court. By the provisions of Section 34(1) of the Economic and Financial Crimes […]

stephenazubuike
May 2, 2019
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Case Law

Does a bank have an absolute power to consolidate the accounts of its customer?

UBA Plc v. Salman [2019] 2 NWLR (Pt. 1656) 304 at 325, paras. C-F, per Uwa, JCA: “There is no doubt in law that a banker may consolidate the accounts owned by a customer in his own right, unless precluded by agreement, express or implied from the course of business from doing so, in order to […]

stephenazubuike
March 11, 2019
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Case Law

Can a garnishee proceeding be commenced in one State against a garnishee in another State?

Darsey Digital Press Ltd. v. Ayo [2019] 1 NWLR (Pt. 1654) 379 at 393, para. G-H, per Ugo, JCA: “In other words, it is a precondition to a proper garnishee proceeding that the garnishee be resident in the very State where the order is sought. In this case, by first respondent’s own showing in his […]

stephenazubuike
February 21, 2019
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Case Law

[UPDATE]: The pain and hardship of young lawyers in the hands of senior colleagues has been judicially noticed.

Ifeanyi Okeke Esq. v. Wale Ogunade Esq. Suit No. NICN/LA/432/2014, per Amadi J: “This case once again shows the pain, hardship and difficulty which some young lawyers undergo in the hand of some senior colleagues, who ordinarily should encourage them. I commend the tenacity and dexterity of the Claimant in pursuing justice in this matter […]

stephenazubuike
February 14, 2019
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Case Law

Women and nursing mothers must not suffer discrimination at work place

Standard Chartered Bank v. Adegbite [2019] 1 NWLR (Pt. 1653) 348 at 373, paras. B-F, per Barka, JCA: “It has been argued for the Defendant that the Claimant did not adduce evidence of how other nursing women in the employment of the Defendant were treated differently from her or vice versa. It suffices that the […]

stephenazubuike
February 8, 2019
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Case Law Notable Pronouncements

On need to follow due process in the fight against corruption.

Tumsah v.FRN [2018] 17 NWLR (Pt. 1648) 238 at 273, paras. D-E, per Iyizoba, JCA: “The learned trial Judge in assuming jurisdiction to grant the orders in this appeal acted more out of sentiments than due adherence to the applicable laws. Corruption no doubt is the bane of our society and the courts would not […]

stephenazubuike
January 8, 2019
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36 Views

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