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Must hearing notices be served on each date of adjournment?

It is perhaps one of the core aspects of litigation for hearing notices to be served on the other party. It is indeed rooted in the principle of fair hearing which is the guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 ( as amended). The plaintiff / claimant / Appellant / Applicant who is to move the court may however be faced with situations where non-service of hearing notices would stall the proceedings.

oniguguru.com: A Few Burning Questions on Enforcement of Fundamen...

oniguguru.com: A Few Burning Questions on Enforcement of Fundamen...: Just like previous posts, I don't intend to bore the reader. Just straightforward discourse. We are all aware that with the amendme...

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;

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)

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),

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.