Author: Lawbreed Limited

ADDRESS BY THE PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, MR. OLUMIDE AKPATA, AT THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION (NBA-NEC) ON 24 JUNE 2021 AT THE NBA NATIONAL SECRETARIAT, ABUJA, FCT. Distinguished NEC Members, It is my pleasure to welcome you all to the second quarterly NBA-NEC Meeting for the year 2021. I must begin as always by expressing my deep gratitude to you for making the sacrifice of keeping on hold your notoriously busy schedule and travelling from different parts of the country at this perilous time to attend this meeting. On behalf…

The Economic Community of West African State, ECOWAS, Court of Justice has ruled against the Federal Government of Nigeria on the suspension of Twitter, saying the app is a fundamental right. The ECOWAS Court also ruled that the Federal Government cannot arrest or prosecute anybody for using Twitter. Socio–Economic Rights And Accountability Project, SERAP, had on Sunday, released a statement that it had dragged President Muhammadu Buhari and the Federal Government to court for placing a ban on Twitter. The FG, in defence, told ECOWAS Court in a document made available to Vanguard that it suspended the service of Twitter…

A Federal High Court in Abuja has ordered Mobil Producing Nigeria Unlimited and its joint venture partner, Nigerian National Petroleum Corporation (NNPC) to, within 14 days, payN81.9billion to a number of communities in Ibeno Local Government Area of Akwa Ibom State, affected by oil spills between 2000 and 2010. The money formed the damages Justice Taiwo Taiwo awarded against Mobil and NNPC in a judgment he delivered on Monday in a suit, marked: FHC/ABJ/CS/54/2012 filed by representatives of the communities led by Obong Effiong Archianga. In the judgment, Justice Taiwo agreed with plaintiffs’ lawyer, Chief Lucius Nwosu (SAN) that…

The circular is said to have been issued for the information of the general public, taxpayers, taxpayers’ representatives or advisers, and, in particular, taxable persons not resident in Nigeria. The Circular withdraws and replaces FIRS Information Circular No. 2019/09 of 21st October 2020. View and download circular below: [mks_button size=”medium” title=”CLICK HERE TO DOWNLOAD CIRCULAR” style=”squared” url=”https://lawbreed.blog/wp-content/uploads/2020/12/TAXATION-OF-NON-RESIDENTS-IN-NIGERIA.pdf” target=”_blank” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

There was a tense atmosphere in an Ikeja High Court on Wednesday night as Francis Atuche, a former Managing Director (MD) of Bank PHB, begged Justice Lateefa Okunnu not to send him to prison following his conviction for defrauding the bank of N25.7 billion. Atuche and Ugo Anyanwu, a former Chief Financial Officer (CFO) of the bank, were both found guilty of 22 of the 27 counts of conspiracy and stealing charge proffered against them by the Economic and Financial Crimes Commission (EFCC) in 2011. Atuche’s wife, Elizabeth, who faced trial alongside the duo, was found not guilty of the…

The Lagos State Judiciary has directed the revalidation of all court processes affected by the industrial action of the Judiciary Staff Union of Nigeria, JUSUN. In a circular addressed to All, heads of litigation services, High Courts and Chief Magistrate Courts, and signed by the Chief Registrar, Okunuga O. A. (Mrs.) The circular reads in part “Consequent upon the disruption of services from 6th April, 2021 to 11th June, 2021, by the JUSUN STRIKE, the Hon. Chief Judge has directed that all Writs of Summons and other processes which could not be served and or expired during the above-mentioned period…

The President of the Court of Appeal, Honourable Justice Monica Dongbam Mesem has directed that the period strike embarked upon by the Judiciary Staff Union of Nigeria be excluded in the computation of time for all court dealings. See and download below the Practice Direction issued to that effect: [mks_button size=”medium” title=”CLICK TO DOWNLOAD PRACTICE DIRECTION” style=”squared” url=”https://lawbreed.blog/wp-content/uploads/2020/12/COURT-OF-APPEAL-PRACTICE-DIRECTIONJUSUN.pdf” target=”_blank” bg_color=”#000000″ txt_color=”#FFFFFF” icon=”” icon_type=”” nofollow=”0″]

Lagos state government has launched a new electronic platform, ‘Justice Clock’, for tracking case files and case management. ‘Justice Clock’, the first of its kind in the nation’s judiciary sector, is also intended to fast track issuance of legs advice. Speaking at the launching of the platform, the state Attorney General and Commissioner for Justice, Moyosore Onigbanjo (SAN) described the platform as a remarkable development that would be sustained for improved justice delivery. In spite of efforts, Onigbanjo said issuance of legal advice remained a contentious issue as litigants frequently complain that case files stay too long in the office…

The Hon. President of the National Industrial Court, His Lordship, Hon. Justice Benedict Bakwaph Kanyip, PhD, FNIALS has issued practice directions, exempting payment of default fees for filing processes in the Court for the period of the JUSUN strike being from 6th of April to 14th of June 2021. Justice Kanyip issued the directions in the exercise of the powers conferred on him by Section 254F(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Section 36 of the National Industrial Court of Nigeria (Civil procedure) Rules 2017. His Lordship stated that the practice directions shall…

By Sylvester C. Udemezue “Ultra vires” is a Latin Legal term translated (in English) to “beyond the powers”. The term is used to describe an act which requires legal authority or power but is then done/completed outside of or without the requisite legal authority (lexisnexis.co.uk). The act of a person or authority, is said to be ultra vires when the person/authority acts beyond the scope of the powers and purposes provided to him/it by law. Ultra vires acts are generally void. (see: Communities Economic Development Fund v. Canadian Pickles Corp., (1991) CarswellMan 402 (S.C.C.)) (PracixalLaw). See also, NOSDRA v.…