Supreme Court Archives

Is the promotion of an employee a right or a privilege?

Nwoye v. FAAN [2019] 5 NWLR (Pt. 1665) 193 at 218, paras. B-C, per Kekere-Ekun, JSC: “Promotion from one level or position in an organization to another is not a right but a privilege, which is earned. An employer cannot be compelled to promote its employee no matter the good opinion the employee might have […]

stephenazubuike
May 3, 2019
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Case Law

Doctors have the right to watch you die if you refuse treatment.

M.D.P.D.T. v. Okonkwo [2001] 7 NWLR (Pt. 711) 206, per Ayoola, JSC: “The patient is free to decide whether or not to submit to treatment recommended by the doctor. If the doctor making a balanced judgment that advises the patient to submit to the operation, the patient is entitled to reject the advice for reasons […]

stephenazubuike
April 26, 2019
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Case Law Law News

Supreme Court says a car painter deserves an award for reporting stolen car brought to his workshop.

Abdulrahman v. The State [2019] 5 NWLR (Pt. 1664) 162 at 177, paras. C-D, per Galumje, JSC: “Before I end this short contribution, I must commend PW2, the car paint sprayer who promptly reported the presence of the stolen car in his workshop. He is a true reflection of an honest Nigerian who deserves to […]

stephenazubuike
April 26, 2019
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111 Views

Case Law Notable Pronouncements

Our law is the law of the practitioner rather than the law of the philosopher.

Chief Gani Fawehinni v. Nigerian Bar Association & Ors (No 2) (1989) 2 NWLR (Pt. 105) 558 at 650, per Oputa, JSC: “Our law is the law of the practitioner rather than the law of the philosopher. Decisions have drawn their inspiration and their strength from the very facts which framed the issues for decision. […]

stephenazubuike
April 21, 2019
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129 Views

Case Law

Ecobank moved to “kill” Honeywell Flour Mills by irregular procedure but the Supreme Court waded in.

Ecobank (Nig.) Ltd v. Honeywell Flour Mills Plc [2019] 2 NWLR (Pt. 1655) 55 at 84, para. B. per Okoro, JSC: “May I state it without equivocation that application for orders of injunction affecting the rights and obligations of parties cannot be moved ex-parte in winding up proceedings. Parties must be put on notice.” The […]

stephenazubuike
April 11, 2019
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89 Views

Case Law

Illness of counsel in a firm of lawyers cannot stall proceedings.

Malari v. Leigh [2019] 3 NWLR (Pt. 1659) 332 at 368, para. G, per I. T. Muhammad, JSC: “It is foolhardy for a counsel representing a party, where it is shown that he has other qualified counsel in his firm, to claim that the matter he is handling in Court cannot go on because he […]

stephenazubuike
April 7, 2019
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Case Law

No Governor’s Consent? No Problem.

Ibrahim v. Obaje [2019] 3 NWLR (Pt. 1660) 389 at 412, paras. B-D, per Ogunbiyi, JSC: “I agree with the Respondent’s Counsel that it is not the intendment of the Legislature that Section 22 of the Land Use Act, on consent would limit and deny parties of their rights to use and enjoy land and […]

stephenazubuike
April 5, 2019
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385 Views

Case Law Notable Pronouncements

Notable Pronouncement: On purpose of politics and need to concede defeats at elections.

Lawal v. APC [2019] 3 NWLR (Pt. 1658) 86 at 106, paras. B-E, per Bage, JSC: “One thing I must say before concluding this Judgment is that our gentlemen and women in the business of politics must now start to learn to accept and concede defeat at elections, there will always be a winner at […]

stephenazubuike
March 20, 2019
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79 Views

Case Law

Who is entitled to receive financial recoveries made by the EFCC?

EFCC v. Chidolue [2019] 2 NWLR (Pt. 1657) 442 at 461, paras. B-C, per Okoro JSC: “My understanding of the above provisions [Section 14(2) and (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004] is that where a person, be it Federal Government, State Government, Local Government, an institution or an individual complains […]

stephenazubuike
March 19, 2019
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Case Law

Can words alone constitute provocation so as to serve as a defence to criminal liability?

Ahungur v. State [2019] 2 NWLR (Pt. 1657) 393 at 404, paras. F-G, per Galinje, JSC: “In Edache v. The Queen (1962) NRNLR 56, (1962) 1 SCNLR 122, this Court held that circumstances could exist when words alone could give rise to provocation, grave enough to deprive an offender power of self-control. But whether words […]

stephenazubuike
March 18, 2019
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154 Views

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