A Federal High Court sitting in Lagos has held that the Independent Corrupt Practice Other Related Offences Commission (ICPC) cannot place a Post No Debit (PND) on a bank account without a valid court order. Justice...
Law News
Court rules: FG’s deduction from federation account to fund police illega
A federal high court in Abuja has declared that the direct deduction of funds from the federation account to fund the Nigeria Police Force (NPF) is illegal. In a judgment delivered on Wednesday, Ahmed Mohammed, the...
CJN writes judicial officers, seek nominations for appointment of six supreme court judges
Hon. Justice Ibrahim Muhammad, chief justice of Nigeria (CJN), has called for the nomination of judges for appointment to the supreme court. In a letter addressed to all judicial officers in Nigeria, the CJN said it has...
Online Training for 2022 Prospective SAN Applicants: Invitation to Participate
Dear Colleagues, As you may be aware, the Legal Practitioners Privileges Committee (LPPC) had announced that the 2022 SAN Application process will, in line with global digital trends, be done online. Consequently, the...
Free Legal Resources
Malabu Oil Saga, London court grants Nigeria leave to amend pleadings [Download Judgment]
This is an application made on 1 October 2021 by the claimant, the Federal Republic of Nigeria, to amend its pleadings. The court has in evidence the third witness statement of Mr Christopher Robinson, partner in...
Finally, FG Gazettes Order Proscribing Bandits As Terrorists [DOWNLOAD]
The federal government has released a gazette proscribing bandits as terrorists in Nigeria. The gazette proscribing bandit groups in the North as terrorists was made on November 25, 2021 but it was unfolded on Wednesday...
Ukala v. FIRS: Judgment of FHC, PortHarcourt Judicial Division on VAT collection [Download]
In a judgment delivered on 11 December 2020, the Federal High Court (FHC) in Emmanuel Chukwuka Ukala v. FIRS held that the powers of the National Assembly to make laws imposing taxes is limited to the profits/income of...
Legal Updates
Alleged Judicial Misconduct: NBA files petition against SAN, 6 lawyers
The Nigerian Bar Association, NBA, on Monday, said it has identified seven lawyers that influenced judges to issue conflicting court orders, especially on political matters. The NBA, which is the umbrella body of legal...
Court of Appeal Rules, 2021 and Deposit against Costs: Need to have a rethink.
By Ibrahim Lawal It is no longer news that the Court of Appeal has given itself a new rules of court that will guide proceedings at the appellate court. The new rule, which commenced on the 1st day of November, 2021...
Arbitration: Enforcement of Arbitral Award in England against FAAN! (Download)
Case No: A1/2019/3127 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM VERONIQUE BUEHRLEN QC (SITTING AS A DEPUTY JUDGE OF THE HIGH COURT) TECHNOLOGY AND CONSTRUCTION COURT HT-2019-000060 Royal Courts of Justice...
THE EXECUTIVE ORDER NO. 10 IS A SUBVERSION OF THE NIGERIAN CONSTITUTION – OLATUNDE ADEJUYIGBE, SAN
1.0 THE AGITATION FOR FINANCIAL AUTONOMY OF THE NIGERIAN JUDICIARY The Constitution of the Federal Republic of Nigeria 1999 which is anchored on a tripod of the Executive, Legislature and the Judiciary made...
When are exemplary damages awarded and object of? Whether need be specifically claimed?
CASE CITATION: CENTRAL BANK OF NIGERIA & 6 ORS. v. AITE OKOJIE (2015) 5-6 S.C. (Pt. II) 173 @ 214 DATE OF JUDGMENT: ON FRIDAY, THE 5TH DAY OF JUNE, 2015 COURT: SUPREME COURT SUIT: SC. 127/2004 CORAM: 1. IBRAHIM T...
Can the National Assembly Legislate over the practice and procedure in a State High Court?
CASE CITATION: FASAKIN FOODS NIGERIA LIMITED v. MARTINS BABATUNDE SHOSANYA (2006) 4 S.C. (Pt. II) 204 @ 13-14 PARA 10 – 25 DATE OF JUDGMENT: ON FRIDAY, THE 28TH DAY OF APRIL, 2006 COURT: SUPREME COURT SUIT: SC...
Can the Federal High court Order the transfer (even Suo Motu) of a matter over which it had no jurisdiction to the appropriate court vide S.22 (1) & ( 2) of the Federal High court, Act?
CASE CITATION: FASAKIN FOODS NIGERIA LIMITED v. MARTINS BABATUNDE SHOSANYA (2006) 4 S.C. (Pt. II) 204 @ 13-14 PARA 10 – 25 DATE OF JUDGMENT: ON FRIDAY, THE 28TH DAY OF APRIL, 2006 COURT: SUPREME COURT SUIT: SC...
Can A Judge Elevated To The Court of Appeal Return To The High Court To Conclude the Hearing and Determination of a Part Heard Matter?
CASE CITATION: OBIANWUNA OGBUNYIYA & ORS. v. OBI OKUDO & ORS. (1979) 6-9 S.C. (Reprint) 24 @ 32 -35 Para 40 – 40 DATE OF JUDGMENT: THURSDAY, THE 5TH DAY OF JULY, 1979 COURT: SUPREME COURT SUIT: SC. 13/1979...
When Recovering a Debt – should a debtor seek his creditor at his place of business in order to pay?
Should a debtor seek his creditor at his place of business in order to pay? CASE CITATION: NATIONAL BANK (NIG.) LTD. & ANOR. v. JOHN AKINKUNMI SHOYOYE & ANOR. (1977) 5 S.C. 110 DATE OF JUDGMENT: ON FRIDAY, THE...
Business & Tax Information
Ondo State to Sanction Land Use Defaulters from December 1
The Ondo State Government has announced that it would begin to sanction defaulters of its Land Use Charge from December 1, 2021. This was disclosed by the Chairman of the Ondo State Internal Revenue Service (ODIRS), Mr...
Lawyers, experts fault 50% compulsory deposit for tax appeals
As part of efforts to conform with the modern global tax administration system and ensure a just and seamless tax dispute resolution mechanism, the Minister for Finance, Budget and National Planning, Mrs. Zainab Ahmed...
MultiChoice Nigeria, Tax Tribunal Ruling: Issues and Doubts by Prof. M.T. Abdulrazaq
Prof. M.T. Abdulrazaq The Multichoice (Nigeria) Ltd case before the Tax Appeal Tribunal confirms that we are in interesting tax times. The Tax Appeal Tribunal in the Lagos Zone held at Lagos recent ruling raises...
Buhari has ordered FIRS to tax digital transactions, says SGF
President Muhammadu Buhari has ordered the deployment of technology to tax digital transactions carried out across the country. Boss Mustapha, the secretary to the government of the federation (SGF), said the president...
Legal Articles & Commentaries
Appraising Justice Tanko Muhammad’s proposal to alter provisions of the Constitution concerning Judiciary
On June 3, 2021, the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad submitted some proposals to the National Assembly to alter some provisions of the Constitution concerning the Judiciary. The proposals, a 17...
THE COURTS AND INTERNAL DEMOCRACY IN POLITICAL PARTIES By Dr Muiz Banire
In Nigeria, the biggest and most constant headache that confronts the legal adviser of any political party in Nigeria is the non-observance of internal democracy by the party hierarchy. In the Nigerian political...
Review of Some Significant Decisions on Labour & Employment 2021 by Folabi Kuti SAN
By Folabi Kuti, SAN In line with the general trend in recent years, case law during the period under review has been driven, largely, by the far-reaching adjudicatory work of the National Industrial Court of Nigeria...
An agenda for the bar and the bench in 2022
The year 2021 tested the Bar and the Bench in their joint commitment to justice and defence of the Rule of Law, in various respects. Whereas the Covid-19 pandemic and its attendant lock-downs had crippled activities in...
