The rights of Nigerians (in Nigeria as citizens) have been codified and guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution. It is important for Nigerian citizens to be aware of their constitutional rights (which are rights different from statutory rights) and which have their unique ways of enforcement (different from the ways or modes of enforcing statutory rights under the law), hence, this topic. First and foremost, it is important for me to state here that the scope of the Nigerian constitutional supremacy has made the rights guaranteed under…
Author: Hameed Ajibola Jimoh Esq.
It has become (among a number of young lawyers in Nigeria) that those seen as Senior lawyers (by the young lawyers) are those that know the law and that in fact, the knowledge of the law is reserved for those senior lawyers only, hence, some senior lawyers too (either as Senior Advocates of Nigeria or non-Senior Advocates of Nigeria lawyers but seniors with many years) find their young lawyers as inferior and naive, hence, some of them maltreat the young lawyers within their control, while some of those young lawyers get confused about their lives and see themselves as ‘non-entity’…
By: Hameed Ajibola Jimoh Esq. It is always said in an adage that ‘a child beaten (in a high degree) is bound to cry’! This adage is regarded as a metaphor in this article in relation to the social injustice in Nigeria! Hence, this topic. Social Justice is justice in terms of the distribution of wealth, opportunities, and privileges within a society. See: Wikipedia online. Also, social justice refers to a fair and equitable division of resources, opportunities, and privileges in society. Therefore, social justice is the belief that the social benefits and privileges of a society ought to be…
By: Hameed Ajibola Jimoh Esq. In recent time, issuing executive orders by the Executive arm of government at both the Federal (i.e. President) and the State level of the Federation has become the workings of the day, especially on public affairs. Some of these Executive Orders and the use of powers as well as the issuance of same have sometimes (if not many times) generated public outcries from the masses who are the direct subjects of the Executive Orders. This paper is of the respectful advice that in order to resolve the public outcries, it is necessary for the Executive…
By: Hameed Ajibola Jimoh Esq. Crimes and offences under the Nigerian Criminal Laws have their procedural rules guiding them. Also, in the Nigerian Criminal trials, the implications of statements written or written on behalf of a suspect prior to his prosecution in the court of law, cannot be overemphasized. Furthermore, the law is trite that an accused person/defendant can be convicted by the Court of law based on his ‘confessional statement’ alone, though, it must be pointed out that not all statements made by the accused person is a ‘confessional statement’. The content of the statement must clearly show or…
By: Hameed Ajibola Jimoh Esq. Year 2023, is a new year and as a new year, it would actually mean a lot to those lawyers called to bar in Nigeria in the year 2014, as they would become 10-years post-call as a lawyer! Though, their financial responsibilities in the legal profession increases (one way or the other)! Fortunately, I am also among those to whom this year 2023 is very significant to in the legal profession! Hearty congratulations to us all! This paper is aimed at waking up those among my contemporaries that are forgetful of the significance of this…
Allocutus In Nigerian Criminal Trial: Interest Of Justice Should Always Be The Guiding Principle Notwithstanding The Case Of Francis V Federal Republic Of Nigeria (2021) 5 Nwlr (Pt. 1769) 398 At 412 By: Hameed Ajibola Jimoh Esq. In Nigerian criminal trial, the plea of ‘allocutus’ or ‘allocution’ (as is also called) is well known as a procedural principle which was part of those common law practices and or principles that Nigeria adopts in its criminal proceedings. In criminal trial, the allocutus is pleaded by the Defendant and or his counsel representing him in the criminal trial after his conviction based…
By: Hameed Ajibola Jimoh Esq. The legal profession is one of the most lucrative professions in all disciplines in the world. Just like its counterparts such as the: medical; engineering; e.t.c. fields, the legal profession outstands itself among all its counterparts. Therefore, it is indeed a great achievement for one to be called to bar as a lawyer! I wish to use this medium to congratulate our newly called to the bar as legal practitioners in Nigeria! May God Almighty bless the new success! Nevertheless, it is beyond emphasis that the legal profession has its challenges especially in regard to…
To learn is noble. To learn is a way to guidance. Therefore, as lawyers, ‘learning’ has to be part of our lives to get to a fulfilled legal practice. Some lawyers, immediately being called to bar, are out to seek money rather than seek full knowledge of the law which is acquired through a continuous practical learning. This paper aims at encouraging all lawyers- both young and old- to keep up learning as an enviable tool to a fulfilled legal practice experience in the legal practice, hence, this topic. Today, with due respect, a number of young lawyers are fond…
The 1st day of October, 2022, Nigeria celebrates her 62nd Independence which is also a move towards her bold transitions as the 2023 general elections approaches which is also a celebration and or commemoration of the democratic independence which is part of the 62nd history that Nigeria celebrates today. I join other patriotic Nigerians to celebrate with Nigeria on this occasion! Nevertheless, and arising from the democratic principles of federalism which Nigeria practices especially since the 1979 Constitution of the Federal Republic of Nigeria (according to Constitutional history) is the independence of the judiciary. Sequel to the celebration of her…
‘Activism’ as defined by the Webster on-line dictionary, is ‘a doctrine or practice that emphasizes direct vigorous action especially in support of or opposition to one side of a controversial issue’. The area or aspect of activism that this paper considers is the ‘human rights’ aspect, as there are several ‘activism’ such as: political activism, environmental activism, among others. There are some persons who just pick up human rights activism perhaps just for the benefits of it or due to financial or economic pressures of the country, without any ‘vision’! These kinds of human rights activists are ‘self-imposed human rights…
Our various Nigerian courts had embarked on the annual vacation since around the month of July, at different time, while from the next one week, some of those courts would start to resume the normal or regular sitting, as already proposed. This paper aims at suggesting and or recommending certain measures that our courts need to put in place as they prepare for resumption from the annual vacation. First of my recommendations is a critical review and or analysis of the Rules of Court and Practice Directions. Our Heads of Courts should respectively review the Rules of Courts and where…
Assuming Section 84 Of The Sheriffs And Civil Process Act, 2004, Was Validly Made By The Legislature: It Remains Very Unjust, Draconian And Discriminatory Against Democratic Nigerians! The issue of delay tactics undertaken by the government, the government’s agencies and the Central Bank of Nigeria to deny a judgment creditor the fruits of his judgment is well known in garnishee proceedings (even in a fundamental rights cases) after a Court of law has given judgment in favour of the judgment creditor to such an extent that a number of judgements have remained unenforced by the judgment creditors entitled to the…
The issue of delay tactics undertaken by the government, the government’s agencies and the Central Bank of Nigeria to deny a judgment creditor the fruits of his judgment is well known in garnishee proceedings (even in a fundamental rights cases) to such an extent that a number of judgements have remained unenforced by the judgment creditors entitled to the enforcement of such judgment. The tool used for such delay is the provisions of section 84 of the Sheriffs and Civil Process Act, 2004, which requires ‘consent’ of the Attorney-General of the Federation before the money in custody of a public…
Y.C. Maikyau, SAN, has won the elections of the Nigerian Bar Association-herein after referred to as the NBA- which was held on the 16th day of July, 2022, and was the one among his co-contestants/co-aspirants, declared as the candidate that won the election as the Elected-President of the NBA and which made him the 31st President of the Association! I humbly congratulate the learned Silk for this success, while I pray that God Almighty lead him through the stewardship! In this paper, I wish to highlight and or analyse some happenings that convinced me to vote for Y. C. Maikyau,…
On the 15th July, 2022, the Nigerian Bar Association Human Rights Institute held a Human Rights Summit on the State of Human Rights in Nigeria with the theme ‘Human Rights & Insecurity: Assessing the future of governance and Sustainable Livelihood in Nigeria’. Fortunately, I was present at the event and even I was the first contributor among the participants among the audience. At the event, I had enquired from the organisers as to the reason why an important theme touching on human rights and insecurity in Nigeria has been discussed without the Chief Justice of Nigeria or His Lordship’s representative(s)…
On 5th July, 2022, there was a sad and sudden incident of invasion of the Kuje Custodial Centre, Federal Capital Territory, Abuja, by some suspected terrorists in which hundreds of inmates were reported to have been set freed by the said suspected terrorists including a number of some terrorists under lawful custody of the Nigerian government! This breaking news has thrown the entire nation into tension over likely attacks on the lives and property of innocent citizens and the unsafe aftermath of the Nigerian communities, on the roads, trains, air, at homes, etc.! in my humble assessment of this security…
It has been a difficult thing to believe that some of our courts require an applicant in a fundamental rights enforcement suit to always prove damages including exemplary, aggravated etc., as reliefs before being entitled to same. The Court of Appeal of Nigeria has however recently held to the contrary to the effect that in an enforcement of fundamental rights suit, an applicant only has to prove that his fundamental right has been or is being or likely to be violated and that the trial court has the discretion to award any damages found necessary in the circumstance(s) of the…
Having regard to the benefits attached to lawyers or counsel whose name has been mentioned in especially the originating processes of court, among which are: in consideration of the number of judgments required to be qualified for the conferment of the rank of a Senior Advocate of Nigeria (SAN); in consideration of the number of Judgments required to be qualified and or as a criteria for being appointed as a High Court’s Judge, etc., it is the appeal of this paper that our Nigerian courts should consider the importance of specifying the name of the litigant’s lawyer/counsel and or mentioning…
It is common in a criminal charge for the prosecution to frame a charge as follows using the words ‘on’ or ‘about’: for instance ‘”1st Count: That you, (1) Michael Akpegher (M) (2) Moavega Igba (M) on or about 19th October, 2002 at about 17 00hrs along Gungur-Agia Road, Koshinsha Local Government Area of Benue State within the jurisdiction of this Honourable Court, agreed to do an illegal act, to wit: caused the death of one Kyernum Kerno (M) and that same act was done in pursuance of the said agreement and you thereby committed an offence punishable under Section…
By: Hameed Ajibola Jimoh Esq. There have been occasions in the Nigerian legal system or court system to say where a court would make an order in an ex-parte way most especially by means of an interim/ex-parte injunction. After making this order, another court is invited by a litigant or his counsel in another court or on the same subject matter would make another order which in a way would conflict with the earlier order of court made. This most often happens in a political issue, with due respect, where some politicians desire to achieve their selfish intention by whatever…
Public Interest Litigation-herein after referred to as ‘PIL’ has suffered greatly in Nigeria for decades in which case, the issue of ‘locus standi’ of an applicant in such PIL has always been queried and hence, the court would strike out the suit. Such suit is always ‘struck out’ either on a Notice of Preliminary Objection of the Respondent challenging the suit or suo motu (i.e. by the Court itself). It is the aim of this paper to make some recommendations towards enabling the PIL in Nigeria and for a better Nigeria, hence, this paper is of the firm view that…
There has been a clause since time seemingly immemorial that ‘the law is an ass’. This in a way is saying of the application of the law that is contrary to common sense or in another words, “the law is an ass – an idiot”. This paper is of the view that if the law is truly ‘an ass’ as general assumed, then, our courts and the legal practitioners should not be ‘an ass’! Hence this topic. This is also important because both the court and the lawyers have greater roles in ensuring that the law which binds the common…
Facts and of course circumstances have emerged over the years calling for the need for our courts to live up to expectations of a judicial functions by the use of its judicial discretion to attain the interest of justice either in civil or criminal cases or enforcement of judgments of courts against a private person or government and or any of its agencies. Having regards to the recurrent need and call for the use of this judicial discretion by our Nigerian Courts to attain the interest of justice, this paper therefore encourages our courts to continue to promote the interest…
It is no doubt an emphasis that electricity power supply to our courts is very crucial to the administration and dispensation of justice. Majority of legal services and proceedings in Nigerian courts require electricity supply for the court to dispense justice. Hence, on some occasions, trial proceedings have been truncated due to electric power interruption in the court. Some of these ugly situations have been experienced by the writer of this paper, hence, this topic for an amendment of this ugly scenario in our courts by the appropriate authority. I was in court for a trial proceeding (in that court)…
This paper is an addendum to my earlier paper published by some online blogs such as ‘thenigerialawyer.com’ among others on the title ‘WHAT A SUSPECT ARRESTED ON AN ALLEGATION OF COMMITTING AN OFFENCE OR HIS LAWYER OR HIS RELATIVES SHOULD DO UPON SUCH ARREST’ By: Hameed Ajibola Jimoh Esq.’. This paper aims at the need for all security and law enforcement agencies of government or any other agent of government empowered to arrest and detain any person accused of committing an offence known to law to always seek and obtain remand order where there is need to detain such person…
WHAT A SUSPECT ARRESTED ON AN ALLEGATION OF COMMITTING AN OFFENCE OR HIS LAWYER OR HIS RELATIVES SHOULD DO UPON SUCH ARREST Arrest of a suspect upon a criminal allegation is mostly carried out by security or law enforcement agency of government (and even in a situation where a private individual arrests such a suspect whom in the eyes of the law is presumed innocent of such an offence by Section 36(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution), the suspect is still handed over to the police).…
Mr Olumide Akpata- The Nba President! I Salute You For Providing Nigerian Lawyers With Subsidy On Law Pavilion Subscription And The Health Insurance Scheme Under Nhis! At a time when the Nigerian government is contemplating the removal of subsidy in what is generally known to Nigerians as ‘fuel’ supply and other social amenities enjoyed by Nigerians, Mr Olumide Akpata- the current President of the Nigerian Bar Association- has subsidized the subscription to the law pavilion to a very reduced rate to aid legal research and the health insurance scheme under the National Health Insurance Scheme for Nigerian lawyers who…
The Rules of Professional Conducts for Legal Practitioners, 2007-herein after referred to as the RPC- was amended by the Chairman of the Bar Council (the Chairman of the Bar Council being the Honourable, the Attorney-General of the Federation) by an official gazette. The gazette which amended the 2007’s RPC is marked S.I N0.15 of 2020 dated September 3, 2020, which reads in part, “In exercise of the powers conferred on me by section 12(4) of the Legal Practitioners Act Cap L11, LFN 2004 and of all other powers enabling me in that behalf, I, Abubakar Malami, SAN, Attorney General of…
I have observed (to the best of my knowledge) that none of the various Rules of various courts in Nigeria provides for the modes of addressing judges of the courts, hence, this paper as my personal opinion to the effect and or submission respectfully, that the Rules of court is best to provide for modes of addressing judges of court, hence, this topic. It is no news to Law School candidates undergoing their law training in the various law schools across Nigeria especially in the ‘Law and Practice’ course that Judges of Supreme Court, Court of Appeal, are addressed as…
