Supreme Court Archives

A Garnishee lacks the power to fight the cause of a Judgement Debtor.

Guaranty Trust Bank Plc v. Innoson Nig. Ltd. [2017] 16 NWLR (Pt. 1591) 181 at 203, paras. D-F, per Eko, JSC: “It is not for a garnishee to fight the cause of a judgment debtor who either accepts the judgment against him and does nothing about it, or who may be indolent to fight […]

stephenazubuike
November 26, 2017
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Electronic evidence require certification and must be demonstrated

Case Law

The computer or gadget to be used in playing or demonstrating electronic evidence does not need certification.

Dickson v. Sylva [2017] 8 NWLR (Pt. 1567) 167 at 222, paras. B-C, per Ngwuta, JSC: “In the same vein, once the computer generated document has been admitted in evidence, having satisfied all the requirements of section 84(2) of the Act, the statement therein can be produced for the court or tribunal by the […]

stephenazubuike
June 15, 2017
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Case Law

THE COURTS HAVE JURISDICTION TO DETERMINE PRE-ELECTION MATTER EVEN AFTER THE CONDUCT OF THE ELECTION

Dahiru & Anor. v. A. P. C. & Ors [2017] 4 NWLR (Pt. 1555) 218 at 244, paras. H-A, per Rhodes-Vivour, JSC: A suit does not become academic simply because what gave rise to the action is concluded. A pre-election matter that was instituted prior to the conduct of an election subsists and the court in […]

stephenazubuike
April 5, 2017
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Case Law

Fundamental right to freedom from discrimination is only enforceable against the State and not against individuals.

Lafia Local Govt. v. Gov., Nasarawa State [2012] 17 NWLR (Pt. 1328) 94 at 127-128, paras. F-G, per Rhodes-Vivour, JSC: “Section 42 of the Constitution guarantees to every citizen of Nigeria freedom from discrimination on the basis of belonging to a particular community, ethnic group, place of origin, sex, religion or political opinion. The discrimination […]

stephenazubuike
February 23, 2017
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140 Views

Case Law

Use of abbreviated names by legal practitioners appears risky but the Supreme Court has come to the rescue.

Dankwambo v. Abubakar [ 2016] 2 NWLR (Pt. 1495) 157 at 208, paras. C-F, per Ariwoola, JSC: “There are many senior legal practitioners and Judicial Officers whose first name as it appears on the roll of legal professionals of the Supreme Court of Nigeria has been abbreviated as it stands today, yet that abbreviation has […]

stephenazubuike
February 3, 2017
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142 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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150 Views

Case Law

An appellant can file two notices of appeal

Bilante Intil Ltd. v. N.D.I.C. [2011] 15 NWLR (Pt. 1270) 407 at 422, paras. F-G, Fabiyi, JSC: “An appellant can file two notices of appeal. However, he must choose which of them he intends to rely upon.” Notes: A notice of appeal is in the rank of an originating process for it is by it […]

stephenazubuike
October 25, 2016
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84 Views

Case Law

ON LIMIT TO POWERS OF THE SUPREME COURT UNDER SECTION 22 OF THE SUPREME COURT ACT

Ugba v. Suswam [2013] 4 NWLR (Pt. 1345) 427at 477, paras. B-D, per Rhodes-Vivour, JSC: Section 22 of the Supreme Court Act confers wide powers on this court to rehear a matter as if it was the trial court, but where the trial court no longer has jurisdiction to hear a matter this court cannot […]

stephenazubuike
October 25, 2016
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195 Views

Case Law

On how to challenge decision of Court of Appeal dismissing a preliminary objection to the appeal before it

Kubor v. Dickson [2013] 4 NWLR (Pt. 1345) 534 at 564, paras. C-D, per Onnoghen, JSC: “…The proper thing to do in law, is not to raise the same preliminary objection before this court but to appeal by way of cross appeal against the above finding/holding by that Court as that is the only acceptable […]

stephenazubuike
October 25, 2016
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229 Views

Case Law

On bane of Nigeria’s educational system – square pegs are put in round holes.

Unijos v. Ikegwuoha [2013] 9 NWLR (Pt. 1360) 478 at 507, paras. F-G, per Ngwuta, JSC: “Did the members of the “Full Panel” that interviewed the Respondent [the Lecturer] on behalf of the University of Jos conduct the interview in their sleep? How could they have inflicted on the University lecturer who had no writing […]

stephenazubuike
October 25, 2016
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187 Views

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