Wednesday, 22 May 2019

Tuesday, 21 May 2019

A Few Burning Questions on Enforcement of Fundamental Rights in National Industrial Court



Just like previous posts, I don't intend to bore the reader. Just straightforward discourse. We are all aware that with the amendments to the Constitution, the National Industrial Court (NIC) has now been upgraded to a Superior Court of Record. The implication of this upgrade is to 'move' all labour - related complaints to this special court. The Constitution therefore donates exclusive jurisdiction to the NIC in that regard under Section 254(C). Important to this post however is Section 254 (C) (d) which provides as follows;

Friday, 18 January 2019

Judges? Third Person Pronoun?



"I noted earlier in the judgement that learned Counsel for the appellant referred to the learned Justice of the Court below who wrote the leading judgment in the third person pronoun. This is unacceptable. It violates the ethics of the noble profession. It is contemptuous.On no account should a judicial officer be addressed or referred by pronouns." Per NGWUTA, J.S.C. (Pp. 18-19, Paras. F-A) OBASANJO EGHAREVBA v. THE STATE (2016) LPELR-40029(SC)

Tuesday, 30 October 2018

Declaratory Reliefs: The Duck Test & Reality Check


The certainty in settled principles of law is perhaps one of the cardinal tools that make us determine the course of litigation most times. It infuses a sort of confidence in our oral and written advocacy. It is quite easy to presume, I suppose, that a case fixed for mention cannot be heard on the return date ( Olubusola Stores v. Standard Bank Nig Ltd (1975) NSCC 137; Mbadinuju v. Ezuka (1994) 8 NWLR (pt. 364) 535),

Saturday, 27 October 2018

Choice of Counsel vs. Jurisdiction... What should the Court determine first?


One of the basic principles in our procedural law over the years is to always treat the issue of jurisdiction first whenever it is raised. It is quite elementary. Once an issue of jurisdiction has been raised, the general principle is that it ought to be resolved first before anything else in the proceedings.

Friday, 21 July 2017

COURT OF APPEAL RULES 2016 (PART 3): APPLICATIONS TO COURT - A TIME CONSCIOUS COURT?



This is the third part of the series on a comparative analysis of the new Court of Appeal Rules, 2016 with the 2011 Rules. As with previous posts, reference to the Old and new Rules relate to the 2011 and 2016 Rules respectively. Previous discussions on the innovations of the new Rules can be found on this blog by clicking on Part 1, and Part 2. I intend to discuss the provisions relating to applications to court in this third post.

Friday, 16 June 2017

Documents Listed but not Front-loaded with Pleadings (Update)

My attention was called to an authority a few days ago about the topic. I instantly recalled making an argument for the position taken by the Court in an earlier post which can be found here. The position of the law regarding front-loading documents alongside pleadings has taken a twist in favour of doing substantial justice. 

Choice of Counsel vs. Jurisdiction... What should the Court determine first?

One of the basic principles in our procedural law over the years is to always treat the issue of jurisdiction first whenever it is raise...