The LawPavilion Blog - September 26, 2022 September 22, 2022

Relevance of the Age of an Accused Person in a Criminal Trial

CASE TITLE: BARNABAS v. STATE (2022) LPELR-58244(CA) JUDGMENT DATE: 19TH JULY, 2022 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE (SENTENCING) LEAD JUDGMENT: YUSUF ALHAJI BASHIR, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on the offence of armed robbery. FACTS: This appeal is against the decision of the Honourable Justice O. A. Adegbehingbe then of the High Court…

Chapter Two of the 1999 Constitution of Nigeria; The Fraud, Illogicality and Prospects

By Ayobami T. Durodola, Esq. 1.0 INTRODUCTION The Constitution of the Federal Republic of Nigeria as amended[1] is the supreme legal document in Nigeria, one that provides for the rights and obligations of the citizens and equally provides for the duties of the Government. The prosperity and economic well-being of Nigerians are presumably determined by the…

Importance of a Letter of Appointment; Whether it Is Necessary to Plead Contract of Employment When Bringing an Action for Wrongful Dismissal

CASE TITLE: AJAGU v. JAMB (2022) LPELR-58537(CA) JUDGMENT DATE: 5TH AUGUST, 2022 PRACTICE AREA: LABOUR LAW LEAD JUDGMENT: STEPHEN JONAH ADAH, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on wrongful dismissal of employment. FACTS This is an appeal against the Judgment of the National Industrial Court, Abuja, delivered on 13th March 2018, in Suit No: NIC/ABJ/349/2016….

How to Establish the Offences of Prohibited Dealings in Ammunition and Disobedience to Standing Orders against a Military Officer

CASE TITLE: YAKUBU v. NIGERIAN ARMY (2022) LPELR-58526(CA) JUDGMENT DATE: 2ND SEPTEMBER, 2022 PRACTICE AREA: CRIMINAL LAW AND PROCEDURE LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on criminal procedure under military law. FACTS: The Appellant was arraigned before the General Court Martial, Division Officers’ Mess, Kaduna, on a three-count charge, bordering…

Is INEC Empowered to Deregister a Political Party without Prior Notice or Hearing

CASE TITLE: PEOPLES DEMOCRATIC MOVEMENT v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR. (2022) LPELR-58524(CA) JUDGMENT DATE: 17TH JUNE, 2022 JUSTICES: PETER OLABISI IGE, JCA BIOBELE ABRAHAM GEORGEWILL, JCA DANLAMI ZAMA SENCHI, JCA COURT DIVISION: ABUJA PRACTICE AREA: ELECTORAL MATTER FACTS: Peoples Democratic Movement (Appellant), a registered political party, contended at the trial Court that the…

Lagos State Ministry of Justice Partners with LawPavilion on the E-Publication of Lagos State Laws

On Wednesday, 14 September 2022, the Hon. Attorney General of Lagos State and Commissioner for Justice, Mr. Moyosore Onigbanjo, at a press briefing held at the Ministry of Justice Complex, Alausa, Ikeja, announced the epoch-making partnership between the Lagos State Government, through the Ministry of Justice, with the legal tech giant, LawPavilion Business Solutions to…

Judicial Process, Prisons, Law Enforcement: A Case for Reform

By Onikepo Braithwaite Our illuminating interview with Human Rights Lawyer and Activist, Mr Inibehe Effiong last week titled, ‘I was Tortured in Prison, in which he narrated his experience from court to prison, drew out several important points about the administration of justice sector in Nigeria that require immediate attention; that is, there is a need…

Can the President Challenge the Constitutionality of an Act of the National Assembly after Giving His Assent

CASE TITLE: PRESIDENT FRN v. NATIONAL ASSEMBLY & ORS (2022) LPELR-58516(SC) JUDGMENT DATE: 24TH JUNE, 2022 PRACTICE AREA: CONSTITUTIONAL LAW (POWERS OF THE PRESIDENT) LEAD JUDGMENT: EMMANUEL AKOMAYE AGIM, J.S.C. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on the power of the President to challenge the constitutionality of an Act of the National Assembly that he participated…

Whether the Jurisdiction of the Federal High Court Extends to the Tort of Negligence

CASE TITLE: UGHANZE v. OKIE & ORS (2022) LPELR-58520(CA) JUDGMENT DATE: 18TH AUGUST, 2022 PRACTICE AREA: COURT (JURISDICTION) LEAD JUDGMENT: HARUNA SIMON TSAMMANI, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION This appeal borders on the jurisdiction of the Federal High Court. FACTS This is an appeal against the judgment of the Federal High Court, Abuja Division, delivered by B….

Meaning and Effect of the Use of the Phrase “Subject to Contract”

CASE TITLE: AWONUGA v. DANIEL & ORS (2022) LPELR-58527(CA) JUDGMENT DATE: 2ND SEPTEMBER, 2022 PRACTICE AREA: LAW OF CONTRACT LEAD JUDGMENT: MOHAMMED BABA IDRIS, J.C.A. SUMMARY OF JUDGMENT: INTRODUCTION: This appeal borders on Contract. FACTS: This appeal is against the judgment of the High Court of Justice sitting in Kaduna. The Appellant as Plaintiff instituted a suit…