COHABITATION, WHAT TO DO WHEN PARTNERS SEPARATE AND CUSTODY OF CHILDREN IS IN ISSUE

Cohabitation is the fact or state of living together especially as partners in life, usually with the suggestion of sexual relations, according to Black’s Law Dictionary, Ninth Edition. It is the act of living together on grounds of emotional and physical intimate relationship and having a sexual relationship without being married. Where two persons of…

February 3, 20210Comments

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An accused has a right to bail

By Usman Bukar Bwala When an accused is charged to court he can apply to be released on bail. This is sometimes referred to as bail pending trial. At this stage an accused has been charged to a trial court for specific criminal acts. An accused is at this stage presumed to be innocent in…

January 27, 20210Comments

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Limitation Bar: Applicability To Payment Of Pension And Other Terminal Benefits

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 5th day of June, 2020 Before Their Lordships Nwali Sylvester Ngwuta Olukayode Ariwoola John Inyang Okoro Amina Adamu Augie Uwani Musa Abba Aji SC.103/2007 Between ABUBAKAR ABDULRAHMAN APPELLANT And NIGERIAN NATIONAL PETROLEUM CORPORATION RESPONDENT (Lead Judgement delivered by Honourable Uwani Musa Abba Aji,…

January 26, 20210Comments

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Nigeria: Time Freezes For Purposes Of The Statute Of Limitation When An Action Is Instituted: The Supreme Court’s Decision In Sifax V Migfo

Introduction On 16 February 2018, the Supreme Court of Nigeria unanimously decided in the case of Sifax Nigeria Ltd v Migfo Nigeria Ltd1 that where a statute of limitation prescribes a time frame within which a claimant must file an action in respect of his grievances, time will stop running against the Claimant from the moment an…

December 18, 20200Comments

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The State v Audu (1972): A Travesty

I The facts of this case are tragic and involve the rape of a minor. The victim-survivor was a nine-year old girl who sold fruits in Gusau, in the old North-Western State. On 23 May 1970, the victim-survivor met the accused person (a 39-year old man) while hawking mangoes. On the pretext that he wanted…

November 19, 202025Comments

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WHETHER EVIDENCE ADDUCED DURING TRIAL WITHIN TRIAL CAN BE USED IN THE MAIN TRIAL

"So PW1 was cross-examined by appellant's counsel at the trial-within-trial, but the law says that a trial within trial is a separate and distinct proceedings from the main trial, therefore, evidence adduced therein "cannot be translated, injected or imported into the main trial". See Ifaramoye v. State (2017) LPELR - SC, (2017) 8 NWLR (pt…

October 19, 2020465Comments

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When the law will excuse character assassination

In the Supreme Court decided case of Joseph Mangtup Din v. African Newspapers of Nigeria Limited of 25th May, 1990 and reported in (1990) 3 NWLR (Pt. 139) 392, it was held that since the appellant (Joseph Mangtup Din) had no character, there was nothing to assasinate. JOSEPH MANGTUP DIN v. AFRICAN NEWSPAPER OF NIG.…

October 7, 20200Comments

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Victory for Victims of Crime

Kenya’s Supreme Court has ruled that it is permissible for crime victims’ legal representatives to actively participate in the trials of those charged with the crimes. Tania Broughton reports. The apex court, in considering an appeal by murder accused Joseph Lendrix Waswa, against a High Court and Appeal Court ruling that the victim’s family had…

October 1, 202038Comments

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NIGERIA CRIMINAL CODE

SECTION 328 KILLING UNBORN CHILD “Any person who when a woman is about to be delivered of a child prevents the child from born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would have be deemed to have unlawfully killed…

September 28, 202053Comments

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In CBN vs. Rahamaniyya Global Resources Ltd. LPELR (2020) 1081 (SC), Suit no: 632/201

WHETHER FEDERAL HIGH COURT HAS JURISDICTION ON LAND DISPUTE WHERE AN AGENCY OF FEDERAL GOVERNMENT IS INVOLVED. The Supreme Court held thus; "In considering these provisions of the Constitution, this court, per Mohammed, JSC held in the case of Adetayo V Ademola (2010) 4 (PT 1) MJSC 107 AT 119 – 120 and I totally…

September 23, 202016Comments

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