(CNN)The national political landscape has clearly and significantly shifted in Joe Biden’s favor since he emerged as the Democratic Party’s presumptive nominee back in March just as the public health emergency was taking hold.Given the continuing widespread coronavirus pandemic, the persistent economic devastation millions of Americans are experiencing in its wake and President Donald Trump’s inability to wrest control of the crisis in the minds of a majority of Americans, it is probably not all that surprising that his reelection chances have taken a substantial hit.Perhaps the more surprising development is that nothing Trump and his campaign team have tried over the last two months to turn those fortunes around seems to be working. And they have certainly tried.From launching a law-and-order message in the face of mostly peaceful protests for racial justice, to Trump shaking up the campaign by demoting his campaign manager, to a short-lived attempt at having the President portray himself as a leader in command of the Covid-19 response, the race for the White House has continued to move in Biden’s direction.

Build your own road to 270 electoral votes with CNN’s interactive map.While the cliché is true that the three months from now until Election Day is an eternity in American politics and the race is almost certain to tighten, it is also true that Americans are just six weeks away from beginning to cast ballots and the defining characteristic of this presidential race thus far is Trump’s failed leadership in managing the coronavirus pandemic and an inability to convince enough of the public that Biden is an unacceptable alternative.close dialogSign up for CNN’sMEANWHILE IN AMERICA

A daily analysis of US politics for global readers.Sign Me UpNo ThanksBy subscribing, you agree to ourprivacy policy.Whatever thin cushion existed for Trump’s reelection prospects at the start of this election year has completely evaporated. The President’s path to 270 electoral votes is as narrow as it has ever been. For his part, former Vice President Biden is shoring up some traditionally blue-leaning battleground states, expanding the 2020 battleground map into what has recently been more Republican leaning terrain, and opening up multiple pathways to victory.Based on public and private polling, where the campaigns are placing their strategic bets with millions of advertising dollars, where the candidates and their surrogates are spending time in person or virtually, conversations with Trump and Biden campaign advisers, Republican and Democratic political operatives, members of Congress, and political professionals involved with outside groups, our current Electoral College outlook reflects that substantial movement in Biden’s direction.Since our last outlook, we have moved five states (and one congressional district) in the direction of the Democrat. Michigan and Pennsylvania, two states Trump won in 2016 that had been reliably blue for the better part of two decades in presidential elections, are being moved from battleground to lean Democrat, placing an additional 36 electoral votes to Biden’s total. We’ve also moved Virginia from lean Democrat to solid Democrat as the demographics and population shifts in the commonwealth continue to trend away from Republicans and both campaigns appear to be disinclined to spend substantial dollars competing there.In addition, Georgia, Ohio and Maine’s 2nd Congressional District had all been leaning in Trump’s favor in our last outlook and have now all been moved to the battleground category, which reduces Trump’s electoral vote count by 35 votes.In this new outlook, Trump starts with a solid base of 125 electoral votes from 20 states that are most likely to be uncontested in the fall. When you combine that base of solid states with the additional 45 electoral votes that are currently leaning in his direction, it brings Trump’s total to 170 electoral votes — 100 votes away from reelection.Biden’s quest for the White House starts with a solid base of 203 electoral votes from 16 states and the District of Columbia. When you add in the 65 electoral votes that are leaning in his direction, it brings his total to 268 electoral votes — just 2 away from winning the presidency.That leaves us with six states and a congressional district worth a total of 100 electoral votes that will likely prove decisive in selecting the direction the country heads in for the next four years: Arizona, Florida, Georgia, Maine’s 2nd Congressional District, North Carolina, Ohio and Wisconsin.If Biden were to win everything in dark or light blue on this map, Donald Trump would need to run the table and win every single battleground to get reelected.

Solid Republican:

Alabama (9), Alaska (3), Arkansas (6), Idaho (4), Indiana (11), Kansas (6), Kentucky (8), Louisiana (8), Mississippi (6), Missouri (10), Montana (3), Nebraska (4), North Dakota (3), Oklahoma (7), South Carolina (9), South Dakota (3), Tennessee (11), Utah (6), West Virginia (5), Wyoming (3) (125 total)

Leans Republican:

Iowa (6), Nebraska 2nd Congressional District (1), Texas (38) (45 total)

Battleground states:

Arizona (11), Florida (29), Georgia (16), Maine 2nd Congressional District (1), North Carolina (15), Ohio (18), Wisconsin (10) (100 total)

Leans Democratic:

Colorado (9), Michigan (16), Minnesota (10), New Hampshire (4), Nevada (6), Pennsylvania (20) (65 total)

Solid Democratic:

California (55), Connecticut (7), Delaware (3), DC (3), Hawaii (4), Illinois (20), Maine (3), Maryland (10), Massachusetts (11), New Jersey (14), New Mexico (5), New York (29), Oregon (7), Rhode Island (4), Vermont (3), Virginia (13), Washington (12) (203 total)

CNN

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SWITZERLAND, AUGUST 4 – Former Managing Director of United Bank for Africa (UBA), and Chairman, Heirs Holdings, Tony Elumelu, has denied allegations of his involvement in a N41 billion fraud committed against the defunct telecommunication company and national carrier, NITEL.

He has given the Chairman of the Senate Committee on Ethics, Privileges and Public petition, Ayo Akinyelure, seven days to retract his comments linking him (Mr Elumelu) to the fraud.

Lawyers to the banker, in a letter, threatened to sue the lawmaker should he fail to retract the statement and publicly apologise to Mr Elumelu over the fraud allegation.

The committee last Tuesday alleged that UBA defrauded NITEL of about N41 billion from N42 billion that liquidators of the telecommunications company deposited there after being sold to MTEL. The allegation was made on the grounds of petitions forwarded to it to that effect by J .U Ayogu and Co, on behalf of NITEL/MTEL .

Mr Akinyelure told journalists that UBA made unauthorised withdrawals from the accounts of the liquidated telecommunications companies four times and technically stole N41 billion out of the N42 billion that liquidators of the firm deposited there .

As stated in the petition, he said, UBA withdrew N29 billion , N11 billion, N6.8 million and N22 million at different times between 2006 and 2015 from the accounts without relevant tickets or authorisations for that purpose. And liquidators of the firm explained further in the petition that officials of UBA have been hiding under a litigated N685 million it withdrew from the accounts.

“A human rights lawyer had sent a petition on behalf of the liquidators and creditors of NITEL and MTEL, that if the N685million is a subject of litigation, there is a third account meant for taxation and disasters which has N169million. It was also unilaterally withdrawn by the UBA. Seven years after the withdrawal, they’ve not provided the tickets, instead, they were asking the liquidators to get the tickets from the dead liquidators, which is wrong. They had yet to provide the tickets.

“In another account which had N29 billion, UBA also unilaterally withdrew the money from NITEL accounts without authorisation tickets. Most of the creditors of NITEL have sued the liquidators that they’ve collected money from the UBA without paying them. There is another MTEL account N11 billion withdrawn by the UBA and it has not been accounted for till today,”the senator said.

An Advocate group under the aegis Alliance for Surviving COVID-19 and Beyond, (ASCAB) has demanded that the Federal Government must make full public disclosure of all loans obtained by the country.

ASCAB made this remark on Sunday, stating that it would challenge the authorities in court if the disclosures were not made.

The group urged the National Assembly to reveal the terms and conditions of all external loans.

It said if the National Assembly fails, the Debt Management Office should publish the terms and conditions of all external loans, or face legal fireworks.

The coalition of labour and some 80 civil society groups lamented that  Nigerian debt profile which was N12.118 trillion as at May 2015 has leaped to N27.401 trillion in 2019, representing more than 100 percent debt increase adding that by 2020 has seen astrological surge in the country’s external debts.

The group in a statement signed by its Chairman Mr Femi Falana, (SAN), co-chairmen, the Nigeria Labour Congress, (NLC) President, Comrade Ayuba Wabba and President Trade Union Congress, (TUC) Comrade Quadri Olaleye said recent revelation at the National Assembly has confirmed the fact that the loans were taken without proper public scrutiny.  Hence, a Committee of the House of Representatives is feigning ignorance of the terms and conditions attached to a particular loan agreement.

ASCAB said the huge debt being incurred for the country has the potential of stifling the prospect of economic liberation and political freedom of the people.

The group said within one year, the National Assembly has approved a total of $28 billion for President Buhari with no commensurate improvement in the quality of lives of many Nigerians.

“Millions of Nigerians continue to face harsh economic difficulties, lacking access to basic needs, yet the debt profile of the country continues to increase. It is even more grievous that the Government continues to take loans on behalf of the people without their consent neither their keen understanding of the terms,” the group said.

ASCAB said the National Assembly appears desperate to pull wool over the face of Nigerians by covering up its tracks regarding the clause in the Chinese loan.

“The opaque nature of the loans is against the principles of the Nigerian constitution,”  ASCAB said citing  Section 21(1) of the Debt Management Office Establishment (ETC) Act, 2003 (DMO Act) which states that no external loan shall be approved or obtained by the Minister “unless its terms and conditions shall have been laid before the National Assembly and approved by its resolution.”

The group also cited   Section 41 (1a) of the FRA which states that “Government at all tiers shall only borrow for capital expenditure and human development, provided that, such borrowing shall be on concessional terms with low-interest rate and with a reasonable long amortization period subject to the approval of the appropriate legislative body where necessary.”  The coalition said the National Assembly breached the provisions of section 21 (1) of the Debt Management Office Establishment (ETC) Act, 2003.

“Instead of grandstanding over the matter, the members of the National Assembly ought to apologise to the Nigerian people and proceed to scrutinise the terms and conditions of all other external loans”

ASCAB said. The loans taken by Nigeria from China raised public outcry last week when a clause that was alleged to have compromised Nigeria’s sovereignty was discovered.

According to the Debt Management Office, the total value of loans taken by Nigeria from China as at March 31, 2020, was $3.121 billion, an indication that the Chinese loan is some 3.94% of Nigeria’s total public debt of $79.303 as at March 31, 2020 while external sources of funds, loans from China accounted for 11.28% of the external debt profile of $27.67 at the same date. The loans were obtained with interest rates of 2.5% per annum, to be paid in 20 years with moratorium of seven years.

The coalition said it is important to ask  whether Nigeria really needs the jumbo loans when sources of boosting public funds are either yet to be fully explored or completely ignored

The most fundamental issue is whether we really need these jumbo loans. In October 2018, the Supreme Court of Nigeria directed the federal government to recover royalties which were not paid for 18 years by the multinational oil companies operating in Nigeria. The said royalties have been confirmed to be $62 billion. But a  serving Minister in the Buhari administration has said that $62 billion cannot be collected from the IOCs.

Making reference to Section 12 (1) of the Constitution which states that

Treaties between the Federation and any other country shall have not the force of law unless domesticated and enacted into law by the national assembly. ASCAB  said the National Assembly has failed to enact laws to back the loans thereby questioning the legal framework of the process.

ASCAB listed some of the loans collected by the government to include the February 2018 Eurobond worth $2.5 billion loan, the September 2018 loan of $328m, $5.3b from Chinese Export-Import Bank,  the $2.36b to finance aspects of the 2020 while another $5.513b was sought to finance the 2020 revised budget.

The Senate had also approved N850b and another $22.79b for President Buhari currently pending at the parliament.

ASCAB warns the National Assembly to desist from approving loans for payment of the unapproved salaries of legislators and scandalous pension of ex-governors as they contravene section 41 of the Fiscal Responsibility Act which has restricted Governments at all levels to “borrow for capital expenditure and human development”.

“The country’s level of poverty continues to increase with the skyrocketing loans obtained by the Federal Government. Poverty, extreme hunger, frivolous lifestyle of public office holders continue to fuel violence and public disorder across the country. Why the government has responded effectively to the needs of public officials including members of the National Assembly, the economic and social needs of the people remain a mirage,” the coalition said.

Ogun State Chief Judge, Justice Mosunmola Dipeolu on Monday urged newly appointed Chief and Senior Magistrates in the State to resist the temptation of abusing judicial powers in the course of dispensing justice.

The chief judge gave the advice while administering the oath of office on six newly appointed Chief and Senior Magistrates to the State Judiciary at the Judiciary Complex, Kobape Road, Abeokuta.

Those appointed among the Chief Magistrates includes; Mr. Awofeso Ireti-Olu Babatunde, Mr. Dipeolu Dehinde and Mrs. Osinbajo Moriyike Oluwabunmi while Mr. Shodeinde Ogooluwa Adekunle, Mrs. Kolawole Ogunbowale and Mr. Solana Shodeinde Abayomi were appointed as Senior Magistrates respectively.

Justice Duopoly admonished them not to be carried away with enormous powers which various laws have conferred on them.

“You must be honest in all your dealings, hardworking, diligent, time conscious, reliable and deal with citizens and litigants who appears before you human face.

“Judicial Officers have a constitutional duty to serve this nation as competently, diligently, fairly, professionally and speedily as is humanly possible all things considered, as there are no sacred cows and that includes the judiciary.

“Judicial Officers are public servants whose salaries and other entitlements are paid by this nation whose majority citizens live in abject poverty and judicial independence goes hand in hand with accountability,” Justice Dipeolu said.

She told them that they would be subjected to criticism because it was through it that they would be able to correct their faults and shortcomings, adding that it would also enable them provide better service to the public.

“Indeed, our conduct must therefore be professional and above reproach at all times. Judicial officers must earn the trust, respect and confidence of the people they serve,” Dipeolu added

She urged them to always remember that theirs was a power to be exercised with utmost fairness.

A 300 Level student of the Faculty of Law, University of Ilorin, Miss Famuyiwa Olushola, has won the maiden edition of the International Bar Association (IBA) Vlogging Competition.

According to the University of Ilorin Bulletin issued on Monday, Olushola award letter, written by Anna Toth, the Divisions Administrative Assistant at IBA headquarters in London, United Kingdom, informed her of being selected as the winner of the IBA Vlogging Competition in the law student category.

The publication said that the; “IBA introduced the first-ever vlogging competition for young lawyers and law students, looking for their input, thoughts and opinions on COVID-19 and the law.

“It received many impressive videos from all over the world which were all assessed based on topic, quality and professionalism”.

The award letter, dated July 28, 2020, outlined the details of the award to include two years’ free student membership with the IBA, waived registration for either the Law Student Conference or a Young Lawyer Training Day, taking place in 2021.

Others include round trip economy airfare to attend the selected event and accommodation at conference hotel for the selected event.

In her reaction, Famuyiwa, expressed happiness over the award, describing it as a great impetus for her to work harder towards making a great career in the legal profession after her graduation and call to Bar.

(NAN)

*Signs Revised Appropriation Bill into Law.

Rivers State Governor, Nyesom Wike, has asked serving judges in the state to rededicate themselves to their duties and shun acts of corruption.

He gave the advice in his remarks at the presentation of cars to judges on Monday in Port Harcourt, the Rivers State capital.

Governor Wike faulted the activities of some judges whom he accused of insubordination and dereliction of duty.

He said, “There should be no more excuses for corruption and indolence in job performance among our judges with the level of incentives and entitlements we are providing.

“The point cannot be over-emphasised that the most important consideration of their calling is to ensure that justice gets to everyone that comes before you within the rule of law.”

According to the governor, procedure and practice, and even the most politically charged dispute should be resolved in a transparent manner that serves justice and no other interest.

He decried the situation where judges recuse themselves from matters brought before them and return the case files to the heads of the court.

Governor Wike believes the decisions of such judges are not far from intimidation and pressure from litigants who try to induce them.

“Clearly, judges become insubordinate, complicit and derelict of duty whenever they come to pressure and intimidation in the course of their duties, or shy away from handling sensitive cases by inducive politicians or litigants as bases for returning the case files to the chief judge for reassignment and indulging in various dodgy acts of self-exaltation at the expense of doing justice,” he said.

The governor added, “I do not think any judge has the power or pleasure to unilaterally return a case file to the chief judge for any reason, more so for every flimsy excuse as it is becoming the common practice these days among judges.”

He assured judges in Rivers that the state government was working to improve their welfare and ensure they perform their duties without fear or worry.

Reacting, the State Chief Judge (CJ), Iyayi Adanma Laminkara lauded the Governor for the gifts noting that the state judiciary is now the envy of their counterparts in the country and thanked the governor for the prompt release of funds for the operations of the state High Court.

Also speaking, the Attorney General and Commissioner for Justice in the state, Prof. Zacheaus Adango lauded the gesture, describing it as true demonstration of government policies geared at improving the Judiciary.

Adango noted that the Judiciary is indispensable and expressed the gratitude of the state Judiciary to Wike for his vision for the Ministry.

*Signs Revised Appropriation Bill into Law.

This followed the presentation of the budget by the Majority Leader of the State House of Assembly, Hon. Martin Amaewhule, at Government House, Port Harcourt.

The 2020 fiscal year signed by Wike is put at N300, 370, 071,183.33 billion.

This represents 48 percent reduction from the N530; 813,357,619.00 billion originally budgeted for spending, in the beginning of the fiscal year (2020).

Governor Wike said the unfortunate effect of the COVID-19 pandemic, particularly in Nigeria, necessitated the review.

He noted that the development has led to the reduction of budgetary allocations including capital and recurrent expenditures.

But however assured that it will not affect the delivery of quality developmental projects and services to the people of the state.

“It is most unfortunate that everybody is living a different life now because of the pandemic, which calls for us to face the economic reality.

“The COVID-19 has affected economic activities and revenues of government, and so it became necessary to review our budget.

“By the revised budget, it means that so many things have to change. We have cut down the capital and recurrent expenditure to face the reality.

“We are the only State that has not cut down the salaries of political appointees and elected officers. Virtually all the States have cut down 20 to 30 percent of salaries of political appointees. Having cut down the recurrent expenditures, the overhead will no longer be the same,” he said.

The Governor also stated that his administration is determined to ensure that the proposed reconstruction of the Assembly quarters stands the test of time

“One thing I can assure you is that we are working with Julius Berger Nigeria PLC to reconstruct the Assembly Quarters. We want something that will stand the test of time.

“A good living environment and quality houses will enhance your input and services to our State,” he stated.

The Governor promised to release the balance of funds for the 2018 constituency projects of the legislators.

Also speaking, the Majority Leader of the House, Hon. Martin Amaewhule said the state revised Appropriation Law No. 7 of 2020 is intended to make provision of services to fall into current reality.

Thenigerialawyer

The Minister of Niger Delta Affairs, Senator Godswill Akpabio, has linked two former governors of Delta State, Messrs James Ibori and Emmanuel Uduaghan, to the various contracts awarded by the Niger Delta Development Commission.

Others on the lists submitted to the Speaker, House of Representatives, Femi Gbajabiamila, on July 23 by Akpabio are the Chief Whip of the Senate, Senator Orji Uzor Kalu, and Senator Ifeanyi Ararume, among others.

The letter, which was also copied to the office of the Attorney General of the Federation/Minister of Justice, was addressed to the Clerk to the House, Mr Patrick Giwa, with Reference Number MNDA/HM/04/IV/158.

It was titled, ‘Some Niger Delta Development Commission Contracts Allegedly Given to Some Members of the National Assembly (Senate and House of Representatives).’

The emergency repairs projects linked to them, according to the document, obtained by our correspondent, were awarded in 2018 at a cost which range from N400m and N560m each.

One of the projects linked to Ibori, was the emergency repairs of Onoghove community road from Ajanesan to Western Delta University at a cost of N485.7m.

Uduaghan was linked to the emergency repairs of Close B, Alhaji Estate & Environs, Rumuodomaya, Port Harcourt at a cost of N429m.

Five projects were linked to Kalu, who was simply identified in the document as OUK-Kalu (the project source).

 The emergency repairs on roads projects linked to Kalu are in Abia State and the costs ranged from N517m to N560m.

The details are Emergency repairs of Ezere-Acha-Ndiokoukwu Road (N517.9m) and repairs of Amaubiri-Eluama-Uru Ring Road, Lokpaukwu, Umuchieze (N560m).

Others linked to Kalu are Ndi Oji Abam-Atan  Road (N523.7m), Okafia-Ozuitem-Bende road (508m),  and the Ozu-Amuru-Abam Road at the cost of  N523.4m.

The cost of the 12 projects linked to Senator Ifeanyi Ararume, located in Imo and Rivers states, were not indicated in the documents.

The NDDC document, however, listed some the projects to include, emergency repairs of Umuelemai-Aba branch road, Anara-Okwelle-Umuna Road, Okpara-Road junction-Ogili Community all in Imo State.

Punchng

· Rejects AIC’s $41.15m claim as loss of profit
· Says Nigerian subsidiary not party to contract

A Court of Appeal sitting in Lagos has affirmed the judgment of a Lagos High Court that awarded $10 million damages against Africa’s largest food retailer, Shoprite Checkers (PTY) Limited in a suit filed by AIC Limited that the retail giant breached an agreement to set up its Nigerian arm, ThisDay reports.

The appellate court, however, rejected a cross appeal AIC instituted against Retail Supermarket Limited, Nigeria’s subsidiary of Shoprite Group, asking it to award 50 percent of $92.3 million against the subsidiary as loss of profit incurred due to the breach of contract by its parent company.

In an unanimous judgment delivered on May 21, the court’s three-man panel affirmed the award against Shoprite Group, thus upholding the decision of the lower court that Shoprite Group breached contract in its dealing with AIC.

Before the appeal was instituted, the trial court presided over by Justice Lateef Lawal-Akapo had awarded $10 million damages against the South African retail giant and its Nigerian subsidiary for a breach of contract

Apart from the $10million award, the court had directed the South African retail giant to pay 10 percent per annum on the damages with effect from the date of judgment until final liquidation of the entire sum.

Dissatisfied with the judgment of the trial court, Shoprite and its Nigerian subsidiary jointly filed a notice of appeal with several grounds, asking the appellate court to quash the decision of the lower court.

On its part, AIC filed a cross appeal, demanding 50 percent of $92.3million as loss of profit it suffered due to the incorporation of Retail Supermarkets Limited, which it contended amounted to the breach of the agreement for the period of 2005 to 2009.

In its decision, the three-man panel, comprising Justice Joseph Ikyegh, Justice Tijjani Abubakar and Justice Ugochukwu Ogakwu, threw out the appeal of Shoprite Group having established it breached agreement it entered with AIC to jointly set up the Nigerian subsidiary.

Ikyegh, who delivered the lead judgment, ruled: “I agree with the appellants that since the court below did not find Retail Supermarket liable, the award of damages and costs against it cannot stand. The court below was therefore wrong to have awarded damages against Retail Supermarket.”

The judge declared that he would “allow the appeal in part on this issue and set aside the award of damages and costs against Retail Supermarket; while the appeal of Shoprite Checkers is dismissed for lacking in merit and the decision of the court below as it affects Shoprite is hereby affirmed.

“The trial court held in its judgment that there was a subsisting contract by conduct between the respondent and Shoprite with respect to the joint venture, which the latter had breached upon which it awarded $10 million damages and post-judgment interest thereon in favour of the respondent against the appellants,” he declared.

He noted that since Shoprite had by its conduct shown an assurance of intention or representation to enter into legal relation with the respondent with respect to the partnership venture and the respondent acted upon it, it could not afterward be allowed to retreat or resile from the promise of assurance.

It added that the South African retail giant “must accept its legal relations as modified by it even though it is not supported in point of law by any consideration, but only by its word or conduct using the yardstick of a reasonable man.

“Accordingly, by allowing AIC to expend time, energy and resources in the partnership endeavour and altering its position in the belief based on the probability of both of them working together in partnership, good conscience will not allow Shoprite to avoid liability for altering AIC’s position.

“Even if there was no binding contract by conduct between Shoprite and AIC, the dictates of good conscience grounded the liability of Shoprite. The appeal on liability therefore lacks merit.

“General damages are presumed by law to be the direct, natural or probable consequence of the act complained of but the quantification thereof is at the discretion of the court.”

With respect to the cross appeal filed by AIC, Ikyegh ruled: “In the light of the fact that the award of $10 million general damages arose from and was based on the same set of facts obtainable in the other heads of damages, the court below was right to hold that to award damages on the other heads of damages would amount to double compensation.

“More so, the other distinct heads of damages were not proved. Therefore, the court below would have fallen into deep error if it had awarded the other heads of damages, which would have amounted to windfall much against the principle upon which damages are awarded.

“Pre-judgment interest was not established to have risen from mercantile custom or statute or in the contemplation of the parties and/or agreed upon by the parties at the making of the contract and could not have been awarded in the circumstances of the case.

“The argument on post-judgment interest having been withdrawn by AIC at the hearing of the cross-appeal are hereby struck out. In the final analysis, I find no merit in the cross appeal and hereby dismiss it and affirm the decision of the lower court. Parties are to bear their costs,” he declared.

The judge noted that AIC did not establish that Shoprite Group and its Nigerian subsidiary were aware or had knowledge of what became special damages in the case at the time the transaction in question occurred.

He, thus, ruled that AIC “cannot burden the cross-respondents with what they were not expected in law to carry. It has to be added, by way of emphasis, that damages are deemed to be in issue where claimed in civil cases, unless expressly admitted which was not the case here.”

Also, Ikyegh noted that AIC did not establish that what later constituted special damages in the action was in the contemplation of the parties at the time of making the contract.

He pointed out that at the time of making the contract, Retail Supermarket “was then not in existence at the material time. In this circumstance, the lower court could not have awarded the special damages against the appellants.

“Now, aggravated damages are meant to compensate the plaintiff for his wounded feelings. But a corporate body is an artificial entity and may not have the anatomy to experience wounded/injured feelings as distinct from injury to its credit or corporate image as a corporate body.

“So, I do not, with deference, think the purport of aggravated damages hinged on wounded feelings which may have to do with human dignity will not fit a corporate body in the realm of the law of contract. Exemplary damages also known as punitive or vindictive damages can apply only where the conduct of the defendant merits punishment.

“This may be considered to be so where the conduct is wanton in the sense that the conduct disclosed fraud, malice, cruelty, insolence or the like; or where the conduct is a contumelious disregard of the plaintiff’s rights or where there is infraction of statutory/constitutional right by public servants

“Projected loss of profits was documented. But AIC did not establish that the anticipated loss was delivered to Shoprite at the time of the contract. Shoprite and its Nigerian subsidiary cannot, therefore, be burdened with what they did not reasonably foresee or anticipate from the contract.

“The claim for loss of anticipated profit is by its nature prospective in that the loss has not actually occurred. The specie of claim is based on mere estimates, which suggests something that is not final or something to be ascertained with exactitude at a later date.

“But it does not mean the expenses had been incurred as it is a preliminary statement of the probable cost of proposed undertaking and is as good as an exercise in mere conjecture or guess-work which is the opposite of precise calculation of damages.”

Also supporting the lead judgment, Ogakwu said: “having read the records of appeal and the briefs of argument filed and exchanged by the parties, I find that the manner in which the issues thrust up for determination in the appeal and cross appeal were resolved in the lead judgement are in consonance with my view.

“Accordingly, I adopt the reasoning and conclusion in the lead judgment as mine. I equally allow the appeal in part, but only as it relates to Retail Supermarket Limited. The appeal, as it relates to Shoprite Group, is devoid of merit and it fails. In the same vein, AIC’s cross appeal is bereft of any merit and it equally fails.

“The decision of the lower court is consequently affirmed except as it relates to Retail Supermarket Limited. I abide by the consequential orders made in the lead judgment inclusive of the order to costs,” Ogakwu noted.

Likewise, Abubakar adopted the lead judgment, saying his learned colleague “has fully and sufficiently covered the field. I have nothing useful to add. I adopt the entire judgment as my own and endorse the consequential orders.”