October 12, 2023
THE VALIDITY OR OTHERWISE OF ORDERING RE-ADOPTION OF FINAL WRITTEN ADDRESSES, ENLARGING THE CONSTITUTIONAL TIME BOUND FOR JUDGEMENT DELIVERY
As a general principle of law, parties to a civil or criminal suit are to address the court after the call and examination of witnesses—which include examination-in-chief, cross-examination, and re-examination—and tendering of evidence. The address, as...
March 8, 2023
CONCURRENT JURISDICTION OF FEDERAL HIGH Court and States High Court over Applications for the Enforcement of Fundamental Rights
It is settled law that, going by section 46(1) of the 1999 Constitution (as amended), a High Court existing within the territorial jurisdiction of a state where a contravention of any of the provisions of the Chapter 4 of the Constitution is alleged has the power...
February 23, 2023
ON WHEN A COURT BECOMES FUNCTUS OFFICIO, ITS EFFECT & EXCEPTION(S) THEREOF
It is a cardinal principle of jurisprudence that, when a court has made a decision in respect of a matter brought under its inherent power, such a court becomes, by operation of the law, functus officio. The principle of functus officio has been defined in the...
January 30, 2023
DOES POLICE INVITATION AND DETENTION FOR THE PURPOSE OF INVESTIGATION AMOUNTS TO AN INFRINGEMENT OF FUNDAMENTAL RIGHTS?
It is trite position of the law that fundamental rights are sacrosanct and immutable to the extent of the immutability of the Constitution itself. However, as a principle of law, fundamental rights accruing to human persons, although sacrosanct, is not absolute...
January 26, 2023
AN APPEAL AGAINST THE DECISION OF THE LPDC LIES NOT DIRECTLY TO THE SUPREME COURT
Before the Supreme Court decision in ALADEJOBI V. NIGERIA BAR ASSOCIATION (2013) LPELR-SC.121/2011, the position of the law as established in OKIKE V. LPDC (2005) 15 NWLR (Pt. 949) 471 was that an appeal against the direction of the Legal Practitioner Disciplinary Committee (LPDC) lies directly before the Supreme Court. However,...