During a court appearance last week, I encountered an unexpected hurdle. Despite filing my motion under the previous rules of court, the Honorable Justices directed me to refile my motions in accordance with the newly enacted rules, notwithstanding the motion’s precedential submission. This directive raises concerns regarding retroactive applicability and highlights the challenges of navigating rule changes in the legal system. I am of the view, that Motions filed before new rules took effect should be exempted, in any application before the Court. However, I also observed that there is a difference between the Rules of Court and the Judge’s…
Author: Deborah Warrie
This year 2024, some Nigerian Banks offered shares to the public through an Initial Public Offering (IPO). But before you jump into this investment opportunity you must first understand WHO A SHAREHOLDER IS A shareholder, also known as a stockholder, is an individual, company, or institution that owns one or more shares of a company’s stock. Shareholders have invested in the company by purchasing its shares, and in return, they receive a portion of the company’s assets and profits. Under the Companies and Allied Matters Act (CAMA) 2020 in Nigeria, shareholders have rights subject to the company’s articles of association…
As Nigeria celebrates its 64th independence anniversary, here are steps the country can take to foster growth, development, and prosperity: Economic Development: 1. Diversify the economy: Reduce dependence on oil exports. 2. Invest in infrastructure: Roads, rail, airports, and seaports. 3. Promote entrepreneurship: Support small businesses and startups. 4. Enhance fiscal discipline: Manage resources efficiently. 5. Encourage foreign investment: Improve business environment. Good Governance: 1. Strengthen institutions: Independent judiciary, electoral commission, and anti-corruption agencies. 2. Ensure accountability: Transparency in government spending. 3. Foster inclusive politics: Encourage youth and women participation. 4. Combat corruption: Effective implementation of anti-graft laws. 5. Ensure…
Under the Pension Reform Act of 2014 in Nigeria, pensioners have several rights that ensure their financial security and well-being. Here are some of the key rights: Right to Timely Pension Payments: Pensioners have the right to receive their pension payments on schedule. Section 4(1)(a): Ensures payment of pension benefits to eligible pensioners. Section 7(1)(c): Mandates PFAs to pay pension benefits within stipulated timelines. Right to Lump Sum Payment: Upon retirement, pensioners are entitled to a lump sum payment. Section 7(1)(a): Entitles pensioners to a lump sum payment upon retirement. Right to Programmed Withdrawals: Pensioners can opt for programmed withdrawals…
Emmanuel, a dedicated marketing executive, faced exploitation by his employer: He had an excessive workload (12 hours/day, 7 days/week), No overtime pay. He was denied breaks and annual leave. He had a deteriorating health (chronic fatigue, headaches, insomnia), which affected his family, relationships and finally pushed him to a state of depression. Here are the dangers of overworking your employees: Physical Health Risks, Mental Health Concerns, Productivity & Performance Issues, Reduced Customer Satisfaction and Financial Losses What are the Legal Repercussions: 1. Labor Law Violations 2. Workers’ Compensation Claims 3. Lawsuits 4. Fines and Penalties 5. Reputation Damage Nigerian labor…
There is nothing like signing divorce papers in Nigerian Matrimonial Cases. Many Nigerian movies are misleading the public with this erroneous message in their movies. I cannot count the number of Nigerian movies, I have seen that have subconsciously spread this false information. Nigerian movies often perpetuate the misconception that signing divorce papers is sufficient for a divorce. However, Nigeria’s matrimonial laws and procedures are more complex. In Nigeria, divorce proceedings involve: 1. Filing a petition: One party files a petition for divorce in a competent court. 2. Serving the respondent: The other party is served with the petition. 3.…
Feminism is: – A movement for social, political, and economic equality between women and men – A challenge to patriarchal systems and structures that perpetuate gender-based discrimination – A commitment to empowering women and promoting their rights and agency Feminism is NOT: – Anti-men or anti-male – About promoting women over men – A singular, monolithic ideology – Only for women (feminism benefits everyone!) Few examples of true feminists: Malala Yousafzai, Chimamanda Ngozi Adichie, Ruth Bader Ginsburg, Wangari Maathai, Frida Kahlo These women embody the spirit of feminism through their work, advocacy, and commitment to creating a more just and…
There are several customs in Nigeria that conflict with the Nigerian Constitution, some include: 1. Female Genital Mutilation (FGM): A traditional practice in some Nigerian cultures, FGM is illegal under the Nigerian Constitution (Section 34) and the Violence Against Persons (Prohibition) Act 2015. 2. Child Marriage: Some Nigerian cultures permit child marriage, but the Constitution (Section 29[4]) and the Child Rights Act 2003 prohibit marriage under the age of 18. 3. Forced Marriage: Forcing someone to marry against their will is a common custom in some Nigerian cultures, but it violates the Constitution (Section 34) and the Forced Marriage (Prohibition)…
Belema, a 28-year-old administrative assistant was dating Philip, the Maintenance Engineer of LIGHT RAIN DIGITAL SERVICES. When Belema discovered she was pregnant out of wedlock, she informed her employer LIGHT RAIN DIGITAL SERVICES, that she was pregnant for her co-worker. The Company demoted her, citing immoral behavior, then four months later, asked her to resign without any pay or her accrued pension benefits. She was also subjected to harassment and humiliation from colleagues. DOES A WOMAN LOSE HER RIGHTS AS AN EMPLOYEE, SIMPLY BECAUSE SHE GOT PREGNANT OUTSIDE MARRIAGE? The answer is NO. Generally speaking, single or married pregnant women…
According to the National Industrial Court (Civil Procedure) Rules 2017, “Sexual harassment” refers to unwelcome, rude, or threatening sexual behavior, as opposed to reciprocal sexual attention. Sexual attention can be considered harassment if it is persistent and offensive, and the perpetrator is aware of the unacceptable behavior. Sexual harassment in the workplace is a severe problem that can have long-term ramifications for both the victim and the company. It can appear in a variety of forms, including: Verbal harassment (inappropriate remarks, jokes, or gestures) Nonverbal harassment (e.g., inappropriate touching, staring, or the presentation of objectionable imagery). Physical harassment (attack, impeding…
Some bodyguards such as those protecting high-ranking government officials or those operating in high-risk environments such as war zones may carry assault rifles. In addition to these weapons, a bodyguard team may also have more specialist weapons to aid them in maintaining the safety of their principal, such as sniper rifles and anti-materiel rifles (for anti-sniper protection) or shotguns. Bodyguards that protect high-risk principals may wear body armor such as kevlar or ceramic vests. The bodyguards may also have other ballistic shields, such as Kevlar-reinforced briefcases or clipboards which, while appearing innocuous, can be used to protect the principal. The…
Remember the fictional stories of Jonah and Felicia, in our last series. Well, this is a continuation of where we stopped. Nevertheless, in our two stories the defense applied here was the defense permitting reasonable force to be used to defend another, while doing one’s job.So the burning question now is, are bodyguards allowed to defend their clients with lethal force? YES. Generally speaking, in the U.S., a person acting as private security or anyone acting lawfully to protect is permitted to use deadly force if his or her life is in jeopardy or the life of another. Any force…
FICTIONAL STORY 1. Jonah is an experienced Licensed Bodyguard with SMITH&SMITH SECURITIES LIMITED. Mr. Barnanbas Agip, procured Jonah’s professional services when His(Mr. Barnabas Agip’s) only daughter’s life was threatened by some cult boys in her school. One fateful day, while picking up Mr. Barnabas’s daughter from school, two cult boys fired three shots at their car and ran off with a power bike. Immediately, Jonah aimed at the two assailants on their bike and fired two shots at them. The assailant behind fell off the bike instantly, while the driver of the power bike sustained a serious injury on his…
So in the last edition of our series, we were talking about cases, wherein the principle of double jeopardy did not apply. So we will continue from where we stopped and show how it applies to our story, STATE v. ALAEFULE (2020) LPELR-49789(CA). In this case, the trial court, held that the accused in his subsequent Charge HOR/2C/2012, raised a preliminary objection seeking to have the information/charge against him dismissed as the information constitutes a double jeopardy. The Appeal Court held that “A person who does not show that he has been tried before any Court of competent jurisdiction on…
So in the last series we stopped at the EXCEPTIONS TO THE LAW OF DOUBLE JEOPARDY and they include: The accused failed to establish or prove that he had been earlier tried for the said offence by a competent Court of law. The accused failed to establish/prove that the facts of the earlier matter and the new one are the same, The accused failed to establish/prove that the earlier trial resulted in the discharge, acquittal, or some other form of punishment of the accused person. In simple terms, a person who does not show that he has been tried before…
Remember the story of Anna and Alex in the last edition? Well this is a follow up to the story on our legal series. So the other 2 factors that avails an accused for the principle of Double Jeopardy to be established are: The facts of the earlier matter and the new one must be the same. The earlier trial must have resulted either in the discharge, acquittal, or some other form of punishment of the accused person. See ROMRIG NIGERIA LTD V. FRN (2014) LPELR – 22759 (CA). Section 36 (9) of the 1999 Constitution prohibits the trial of…
Now before we begin this interesting and ambiguous legal series, let me start with a fictional story, so you get a full picture of what the principle of Double Jeopardy is all about. So Anna and Alex are professional swindlers, i.e they swindle people out of their hard earned money, through ponzi schemes and gambling. So this fateful day, Alex and Anna invited one of their victims to a beach in a bid to deceive Him, and lure him into transferring some of His cryptocurrencies to their wallet. During the process of negotiation, an argument ensued and the victim started…
PERFORMANCE OF FEMALE CIRCUMCISION/GENITAL MUTILATION-: A term of imprisonment not exceeding 4 years or a fine not exceeding N200,000.00 or both. Section 6 FRUSTRATING INVESTIGATION-: Imprisonment not exceeding 3 years or to a fine not exceeding N500,000.00 or both. Section 7 WILFULLY MAKING FALSE STATEMENTS IN ANY JUDICIAL PROCEEDING UNDER THE ACT; fine of N200,000.00 or a term of imprisonment not exceeding 12 months. Section 8 FORCEFUL EJECTION FROM HOME -: Imprisonment not exceeding 2 years or to a fine not exceeding N300,000.00 or both. Section 9 DEPRIVING A PERSON OF HIS/HER LIBERTY –: Imprisonment not exceeding 2 years or…
The Violence Against Persons (Prohibition) Act 2015 was signed into law on 23rd May 2015, by former president, Goodluck Jonathan.NAPTIP was mandated to administer the provisions of the Act, by virtue of Section 44 of the Act. The main thrust of the law is to eliminate violence in private and public life, prohibit all forms of violence against persons to provide maximum protection and effective remedies for victims and punishment of offenders and for other related matters. Jurisdiction – Only the High Court of the FCT, Abuja has the sole jurisdiction to hear and grant any application brought under the…
DNA testing was conducted, and revealed that Williams was innocent. On March 21, 2019, the prosecution joined Williams’s attorneys in requesting that his convictions be vacated. The motion was granted, the charges were dismissed and Williams was released—36 years after his arrest. East Baton Rouge Parish District Attorney Hillar C. Moore III, told Williams in court: “As a representative of the state, I apologize.” In March 2020, Williams filed a federal civil rights lawsuit seeking damages for his wrongful conviction. DNA testing exonerated nine people in Louisiana in the last eight years. In four of those nine cases, DNA didn’t…
State v. Williams, 458 So. 2d 1315 a Locus. On August 22, 2007, a state appeals court in Baton Rouge the capital city of the U.S. State of Louisiana, ruled that Archie Williams (an accused, wrongfully incarcerated for 37 years in prison and released on March 21, 2019) had a legal right to DNA testing that could prove his innocence in rape and attempted murder case for which he was convicted in 1983. The ruling came nearly a quarter-century after Williams was convicted and 11 years after attorneys for Williams filed the first legal motion seeking DNA testing in the…
In the matter between D v M and two others, Held in the High Court of South Africa, Gauteng Division, Johannesburg, under case number: 30619/2015, the Court after considering the application brought by an executor of the estate of a deceased person, in terms of which the executor request that the High Court ordered the mother of a minor child as well as a minor child to subject themselves to a DNA test, in order to establish whether another minor child of the deceased was, in fact, the biological child of the deceased. In this matter and various other matters…
Legal procedure to get a paternity test performed Depending on the circumstance of the case, the party involved can ask the Court for a DNA test to be conducted. Or the Court can suo motu (on its own accord) order for a DNA case to be conducted. in the case of Olayinka vs Adeparusi & Anor (2011) LPELR 8691 CA, the Court, per Denton West JCA, held: “…If a party is claiming paternity, it is trite that a Court of law should be allowed to determine the same on proof of evidence relating to paternity, which could only be done…
WHAT IS DNA? DNA (deoxyribonucleic acid) is the molecule that contains the genetic code in the chromosomes of the cells of living things. It thus determines the particular structure and functions of every cell and is responsible for characteristics being passed on from parents to their children. The DNA molecule consists of two strands that wind around each other to form a shape known as a double helix. NOW, WHAT IS A DNA TEST? It is a test, which, among other things, is used to identify someone or to show that people are relatives. WHAT IS A DNA PATERNITY TEST?…
Negligent death, also known as wrongful death, is the death of someone due to the fault of another person or entity. The surviving family members can bring suit against the at-fault individual or entity to help compensate them for associated damages having to do with their loved one’s death. Proving Negligence in Wrongful Death For a case to be considered a wrongful death, there has to be a fault at play. There are specific elements for proving negligence, which includes: Duty of care is one of the most complicated aspects of negligence. The general rule is everyone owes the public…
Juvenile delinquency, also known as “juvenile offending”, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. Like the case of the alleged perpetrators of Sylvester Oromoni’s death. See DORIPOLO v. STATE(2012) LPELR-15415(CA) “The term juvenile (adjective juvenility), denotes a person who has not reached the age at which he (she) should be treated as an adult by the criminal justice system. In essence, he could be regarded as a juvenile delinquent or offender, youthful offender as the case may be. See BLACK’S LAW DICTIONARY, 6th Edition, 2004 at 884,…
In the last edition, we stopped at one of the elements, to prove a Hotel was negligent, to its guests. We shall proceed, from where we stopped. Injury or Harm to Guest The final necessary element is harm. To succeed in a case against the hotel, the guest must experience an injury or some other loss. So, in a slip and fall case involving an obvious safety hazard, the guest must have been injured by the fall. It’s not enough to show that there was a hazard, and that a fall occurred. Cases wherein the Court has held a hotel…
In the last edition we talked about the legal duties of Hotels, to their guests/customers. We will proceed, from where we stopped. Hotels must exercise reasonable care during the hiring process, train pool staff to prevent injuries and maintain locks on hotel room doors. Most importantly a Hotel must ensure the safety of its customers and their property, while they are lodging with them. Common hotel duties include a duty to maintain adequate lighting, a duty to keep steps dry and unobstructed, and a duty to repair problems with hotel property, furniture, and equipment. Other general hotel duties and responsibilities…
Like all businesses, hotels must provide guests with a safe environment in order to avoid injury. This includes making sure that employees are not negligent or careless when dealing with guests and ensuring the safety of their customers. What is hospitality negligence? It’s a hotel’s lack of reasonable care to ensure the safety of its guests. An injured party does not have to prove that you knew about an unsafe condition if she can prove you did not exercise reasonable care in preventing the problem. A duty of care is the legal responsibility of a person or organization to avoid…
Loss of Legal Claims Another potential drawback to lying on an application is that a person can lose his or her right to sue the employer if there are any legal claims against the employer, such as termination based on racial discrimination. Another possibility is that the employee’s level of damages can be reduced. This legal concept is known as the “after-acquired evidence” rule. This means that employers can use the evidence that they learned about a former employee in defense of any legal claim. Loss of Professional License Many professions have a board that oversees the administration of licenses…
