Supreme Court Archives

On need for security agencies to operate within their statutory bounds

Saraki v. FRN [2018] 16 NWLR (Pt. 1646) 405 at 462, paras. B-C, per Okoro, JSC: “I need to emphasize that security agencies in this country must operate within the bounds of their calling. A situation where the EFCC and DSS took over the functions of the Code of Conduct Bureau leaves much to be […]

stephenazubuike
December 7, 2018
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Case Law

Can a signature defect in a court process be cured by an affidavit?

Raji v. UNILORIN [2018] 15 NWLR (Pt. 1642) 220 at 236, paras. G-H, per Rhodes-Vivour, JSC: “Deposing to an affidavit to explain irredeemable flaws in the signing of the Notice of Appeal is a worthless exercise since processes must be seen to have been properly signed, just by looking at it and not by examining […]

stephenazubuike
November 19, 2018
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Criminal Appeal by deceased appellant estate

Case Law

Locus Classicus: The Estate of a Deceased Appellant may continue a Criminal Appeal on behalf of the Deceased.

In Re: Abdullahi [2018] 14 NWLR (Pt. 1639) 272 at 292, para. H, per Augie, JSC: “The deceased Appellant died after filing the appeal against the decision of the Court of Appeal in this Court. Yes, the appeal died with the deceased Appellant, but his estate survived him, and being administrators of the deceased Appellant’s […]

stephenazubuike
October 30, 2018
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Case Law

Can a foreign company sue or be sued in Nigeria?

Companhia Brasifeira De Infraestrutura (INFAZ) v. Companhia Brasileira De Entrepostos E Commercio (COBEC Nigeria Limited) [2018] 12 NWLR (Pt. 1632) 127 at 132, paras. E-F, per Aka’ahs, JSC: “This Court decided in Saeby jernstoberi Maskinfabric A/S v. Olaogun Enterprises Ltd. (1999) 14 NWLR (Pt. 637) 128 which was cited to the court below that the […]

stephenazubuike
September 20, 2018
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Case Law

Lead Judgment is superior to Concurring Judgment, BUT…

Sifax (Nig.) Ltd v. Migfo (Nig.) Ltd [2018] 9 NWLR (Pt. 1623) 138 at 176, paras. B-C, per Augie, JSC: “…Where there is any inconsistency between a concurring and a lead judgment, the law says that the former would give way to the extent of the inconsistency”. Notes: Augie, JSC relied on the Supreme Court […]

stephenazubuike
August 10, 2018
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Case Law

The Office of the Attorney General should not be a “Champion Law Breaker”.

Madukaegbu v. State [2018] 10 NWLR (Pt. 1626) 26 at 63, paras. E-F, per Eko, JSC: “The office of the Attorney-General enures for the protection of the rights of all citizens. The hallowed office cannot, and should not, be seen as a champion law breaker. The assumption is that the Attorney-General knows all the laws […]

stephenazubuike
July 23, 2018
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Case Law

A bank that pays the proceeds of a cheque to a wrong person is liable for conversion.

Heritage Bank Ltd. v. Bentworth Finance Nig. Ltd. [2018] 9 NWLR (Pt. 1625) 420 at 435 paras G-H, per Eko, JSC: “The point must be made as well that a seemingly endless chain of authorities have made it a settled principle of law that bankers who collect cheques and pay to those not entitled to […]

stephenazubuike
July 17, 2018
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Case Law

A person who procures another to commit an offence is liable for the offence.

Ijeoma Anyasodor v. State [2018] 8 NWLR (Pt. 1620) 107 at 132, paras. E-G, per Peter-Odili, JSC: “For a fact, the Prosecution/Respondent properly executed the duty laid upon it for proof beyond reasonable doubt of the charge of murder against the Appellant, whose evidence in defence just could not hold water nor could dent the […]

stephenazubuike
June 13, 2018
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Case Law

Notable Pronouncement: “The beauty of salt is in its taste” – Supreme Court warns Security Agencies over Debt Collection

Diamond Bank Plc v. Opara [2018] 7 NWLR (Pt. 1617) 92 at 115, paras. A-D, per Bage, JSC: What is even more disturbing in recent times is the way and manner the Police and some other security agencies, rather than focus squarely on their statutory functions of investigation, preventing and prosecuting crimes, allow themselves to […]

stephenazubuike
May 25, 2018
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Case Law

Inadvertence of counsel is a question of fact.

NNPC v. Samfadek & Sons Ltd. [2018] 7 NWLR (Pt. 1617) 1 at 10-11, paras. H-C, per Eko JSC: “Where there has been a failure of strategy or tactic on the part of the counsel, as in the instant case, the litigant, his client, cannot escape such blunders committed by his counsel; for if the […]

stephenazubuike
May 24, 2018
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93 Views

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