Emakpor, Irikefe & Partners

21/02/2023

The rate at which some judgments are being ditched out in Nigerian courts these days without regards to binding precedents have made it difficult for lawyers to advise their clients in Nigeria. Cases of similar facts or the same facts are being decided differently. The job of a lawyer in Nigeria is becoming too difficult to undertake. Because of these uncertainties in law, many litigants seem to have lost confidence in our legal system.
The law is that previous decisions of courts bind the courts unless there is a need to depart in the interest of justice. In so departing the judex needs to state so and the reasons for doing so. But today there is legal anarchy in our jurisprudence.
Judgments are being delivered on the same issues and the same facts or similar facts without regard to previous decisions of the courts on the same issues and facts. Practicing lawyers seem to be in hell in the practice of law in Nigeria.
No lawyer with decent practice can with certainty advise on any issue of law using binding precedents. I think there is a need for all our courts to be consist in applying binding precedents to help us practice law smoothly and to advance the cause of justice in Nigeria.
If there is a need to depart from previous decisions the judges should be bold to say so. That will help the smooth practice of law. The confusion being caused by conflicting decisions of our courts on the same issue and or similar facts is really affecting the mental health of legal practitioners who daily ply their trades in Court.
The introduction of precedents under the commonwealth adjudication was to ensure certainty of law and to avoid judgments being delivered at the whims and caprices of the judex. That is why in all over the jurisdictions where precedents are to be adhered to, Nigeria inclusive, the Supreme Court is always bound by its previous decisions. All other courts below the Supreme Court are bound by the decisions of the Supreme Court. Trial Courts are bound by the decisions of the court of Appeal.
But where courts run riots in their decisions without regards to their previous decisions as we see now the resultant effects will be too grave to bear by the end users of our courts. The non-adherent to previous decisions is eroding the confidence in the adjudicatory processes in Nigeria.
This is an area that the leadership of the bar and the bench must looked into if we hope not to witness further declined confidence in the judiciary. There is a geometric decline of confidence in our judicial system already as a result of consistently inconsistent judgments being delivered in our courts without regard to previous decisions.

15/02/2023

*Justices Who Declared A Candidate Who Emerged Fourth In An Election Governor Have Been Refused Visas By US Embassy — Donald Duke*

_On his own part, a former member of the House of Representatives, Abdul Oroh, shared his experience when he served on the House Judiciary Committee. According to him, the top echelon of the Senior Advocates of Nigeria (SANs) is responsible for corrupting judges._

A Former Governor of Cross River State, Donald Duke, has alleged that the judges who delivered a judgement that made a candidate who came fourth in an election the winner have ben refused visas to attend a Judges’ conference in the US. According to him, their aides were given visas, but they were ...

09/02/2023

The Supreme Court is overwhelmed and overworked with political cases and now their lordships are not ready to hear appeals on the merit based and or on account of 180 days policy.

I ask is there any need for the retention of jurisdiction in our court to determine and adjudicate over pre-election matters again in Nigeria. You go to court. You see obvious errors. You waste money and efforts to get justice and you are told you cannot be heard because 180 days reserved for trial court has lapsed. Nigerian brand of justice!

Nigerians and or parties with otherwise good causes and appeals are being denied opportunities of a hearing at the Supreme Court on account of 180 days policy that is not rooted in justice.

How can the Supreme Court sanction failure to hear a matter by further denial of the right to fair hearing. Where are our elders in the legal profession and professional Association of lawyers, the NBA.

Is it not the right time for this unfortunate denial of justice even at the apex court of the land due to overworked and overburdened supreme Court is urgently addressed to save lawyers the ridicule we faced now?

Before today and today, many appeals were dismissed on accounts of 180 days policy for no fault of litigants and lawyers. The professional reputations of lawyers are in jeopardy.

If errors of trial court and court of Appeal cannot be considered and addressed by the Supreme Court on account of the policy of 180 days what then is the need for the right of appeal to the Supreme Court donated by the Constitution?

Lawyers and their clients are not being heard on merit for no faults of theirs. Is this not serious for the intervention of the NBA and leadership of the legal profession?. Honestly, this injustice is bad in the extreme.

07/02/2023

!!!!

24/01/2023

*Courts lack power to stop arrest, investigation, and prosecution of criminal suspects*

_By Femi Falana, SAN_

_*In view of the foregoing it is pertinent to caution lawyers and to desist from obtaining courts orders to confer immunity on members of the ruling class contrary to section 308 of the Constitution which provides that only the President, Vice President, Governors and Deputy Governors are immune form arrest and...*_

It is common knowledge that the police invade the homes of the poor to arrest them and take them to police stations where they are detained and charged

23/01/2023

Zhiya vs State, Court of Appeal decision, Lagos Division, if I recall correctly, opened the floodgates on the thorny issue - Whether non - compliance with the provisions of the Administration of Criminal Justice Law on recording of confessional statements is fatal.

The Court of Appeal held in that decision that it was fatal, owing to the fact that the Confessional statement did not comply with the provisions of the ACJL in Lagos State.

Several other decisions polarized the stance of the Appellate Bench, some toed the Zhiya 's approach, others thought differently, if we defer to the current state of the law, it will appear the Courts are no longer pro the reasoning in Zhiya vs State.

If you consider the Law on Freedom of Information Act, the thorny issue that polarized judicial decisions is whether the Act applies to States in the Federation. There is no unanimous decision, the cases are for and against.

Then recall the decision that played out in the trial of Senator Orji Uzor Kalu, the interpretation of ACJA that invalidated the provisions of ACJA, that permitted an elevated Appellate Judge, to conclude a case He was presiding before his elevation.

Section 84 of the Evidence Act is not left out, if you look at the decisions we have had since Kubor vs Dickson, then you may struggle to say whether the section still bear the efficacy it was said to have, when it was passed into law!

There could be other distances.

It's doubtful if "radical" provisions of legislations have had serious impact, owing to the manner they are construed by various Judges and Courts.

While there are those who reckon with the law as it, others frown at them. Should we be having such divergence in decisions?

If you take into cognisance that before a legislation is passed, it undergoes several stages, including workshops/symposiums, attended by various stakeholders, including Judges, then one wonders why the grey areas were not noted and addressed?

It is cruelly ironic for a Law to be greeted with applause in such symposiums, only for it to be murdered by some of the stakeholders, who not long ago hailed the legislations!

Copied

22/01/2023

*EFCC Lacks Power To Probe, Enforce Tax Payments, Court Rules*

_In determining issues raised, Justice Aluko held “I have examined the affidavit evidence and documentary exhibits before the court. What is in contention is the correct and true interpretation of the provisions of Section 8 of the Federal Inland Revenue Service (Establishment) Act, 2007 and section 2(1) of the Taxes and Levies (Approved List for Collection) Act, 1998 >_

Justice Akintayo Aluko of the Federal High Court in Lagos has declared that the Economic and Financial Crimes Commission (EFCC) lacked the authority to assume the statutory powers for the assessment, collection and enforcement of payment of taxes in Nigeria. Specifically, the court held that the Fed...

22/01/2023

Never take anything for granted

21/01/2023

JUSTICE INYANG EKWO TO EFCC ON EKWEREMADU

"I have been asking myself the question repeatedly, how can a citizen of Nigeria, who is incarcerated outside the country, to the knowledge of the respondent (EFCC) be expected to show course in an action in Nigeria, brought by the respondent, at the same time?

"How do you help to tie down a man, and initiate a fight, and demand that the same man you have helped to tie down defend himself?

"This, in my opinion, is an unconscionable act"

- Justice Inyang Ekwo of the Federal High Court Abuja in setting aside the interim assets forfeiture order against Ekweremadu

22/09/2021

THISDAY Newspapers of today 21/09/21 reads, “This article by Onyekachi Umah is a practical step by step guide on how to adopt a child lawfully in the Federal Capital Territory, Abuja. He affirms that similar steps can be followed, in the States that have domesticated the Child Rights Act; and advices that a child in Nigeria cannot be lawfully adopted through mere religious, traditional, customary or communal processes, but rather through the lawful and legal processes created by law, lest the law could see such unlawful adoption as kidnapping or child trafficking”.

It is always an honour to occupy the pricey pages of ThisDay Newspaper, for free! Truly, it pays to Sabi Law (understand law).

This article by Onyekachi Umah is a practical step by step guide on how to adopt a child lawfully in the Federal Capital Territory, Abuja. He affirms that similar steps can be followed, in the Stat…