Legal Diary News

An FCT High Court sitting in Fct,Abuja has awarded the of sum Three Million Naira(N3, 000,000) against Nigerian Air Force for violating the fundamental rights of airman, Corporal Bukar Adamu over alleged unlawful detention.  According to the information reaching us from the Justice delivery desk of Fct Abuja,the court made the order in line with the facts of the case presented before it. The court declared that the arrest and detention of the Applicant for over 324 days by the Respondent without charging him to court for trial is a violation of his right guaranteed under section 35(1) of the 1999 Constitution, which provides that every person shall be entitled to his personal liberty and no person shall be deprived of such liberty except in the situation permitted by law. Justice Jude .O. Okeke in the suit No: CV/1723/2018 gave the ruling in a fundamental rights enforcement action filed by the Applicant’s father, Bukar Buba, through his lawyers S.A Adukwu, Esq against t...

There are different types of courts in Nigeria. Each of them has its own functions. So, what are the hierarchy of courts in Nigeria? Let's find this out together. Actually, courts in Nigeria are renowned and recognized as the hallowed chambers of jurisdiction, where candid justice is meted out to all and sundry, without favoritism, sentiment, emotion, or being unnecessarily involved in crass legalism. What is more, we do not only have courts of law but courts of equity as well. The Nigerian Constitution divides the government’s structure into three branches – the legislative, executive, and judiciary. According to the Section 6 of the 1999 Constitution, judicial powers are vested in the courts. Courts are authorized by law to exercise jurisdiction at first instance, and on appeals in all proceedings and actions relating to matters between people, or between government/authority and any person in Nigeria. It is also aimed at defining any question as to the civil rights a...

SECTION 34(6) OF AMCON Act Unconstitutional The lagos state High Court has declared  provisions of Section 34(6) of the AMCON (Amendment No. 2) Act unconstitutional the act, which was signed into law in August, 2019 has been held to be incapable of overriding the Constitutional powers of the Court to grant an injunction, in deserving cases. Ruling on an application for Injunction filed by Mr. Adedayo Mumuni Shittu through his counsel Mayowa Owolabi against Mr Lanre Olaoluwa, the Court held that the powers of the Court cannot be curtailed by an Act of the National Assembly. Mr Shittu had approached the Court seeking for an order restraining Mr Lanre Olaoluwa from preventing him from gaining access to his home in Victory Park Estate, Lekki, Lagos. Mr Shittu had bought and developed the property, where he lived with his family before Mr. Lanre Olaoluwa forcefully ejected him and his family from their home based on a Judgment against persons who sold the property to Mr Shittu. The Asse...

The constitutional directions with respect to removal of  judges from office and the legality or otherwise of the suspension of the CJN. By virtue of section 292, the constitution reads: “(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -(a) in the case of – (i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the president acting on an address supported by two-thirds majority of the Senate. “(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Asse...

Constitutional safeguard of an accuse person in Nigeria. The constitution of the Federal Republic of Nigeria guarantees fair hearing to every person charged or accused of criminal offence. It provides that in any trial of an accuse person before a court of law, he or she should be protected by this constitutional rights . Constitutional safeguards presuppose that an accused person arrested or detained in custody must be accorded with all the  rights as guaranteed in the 1999 constitution of the Federal Republic  of Nigeria. These Rights Includes; Presumption of innocence ,the accused person shall remain innocent until proved guilty of the offence charged. public trial for criminal offence (except in certain circumstances – public safety/order, welfare of child offenders etc.)Written charge informing the individual of the detail and nature of the offence, Adequate time and facilities for preparation of his/her defence . Right to a legal practitioner of his/her ch...