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WHO DECIDES THE SENTENCE: THE JUDGE, THE LAWYER, OR THE CONSTITUTION?Have you ever wondered:Can a lawyer decide that an ...
27/09/2026

WHO DECIDES THE SENTENCE: THE JUDGE, THE LAWYER, OR THE CONSTITUTION?

Have you ever wondered:

Can a lawyer decide that an accused person should spend 5, 10 or 20 years in prison? Or does the Constitution determine the number of years?

Let’s make it simple.

1️⃣ LAWYERS DO NOT DECIDE THE SENTENCE

Neither the prosecuting lawyer nor the defence lawyer has the power to impose a sentence.

The prosecution may argue for an appropriate sentence and draw the court's attention to aggravating circumstances.

The defence lawyer may ask the court for leniency and present mitigating circumstances such as the accused person's background, remorse, age, previous record or other relevant factors.

But lawyers argue. They do not sentence.

2️⃣ THE LAW SETS THE LEGAL FRAMEWORK

The Constitution is extremely important in criminal justice, including the protection of fair hearing and the principle that a person should not be convicted for an act that was not an offence under written law at the time it was committed.

However, the Constitution does not prescribe the specific prison term for every criminal offence.

The applicable written criminal law or statute normally creates the offence and specifies the punishment.

For some offences, the law may prescribe a fixed punishment. For others, it may provide a maximum, a minimum and maximum, or other sentencing requirements.

3️⃣ THE JUDGE OR MAGISTRATE PASSES THE SENTENCE

Once an accused person has been found guilty, the court determines the appropriate sentence in accordance with the applicable law.

The court may consider relevant factors such as:

🔹 The nature and circumstances of the offence
🔹 The circumstances of the offender
🔹 Whether the offender is a first-time or repeat offender
🔹 Mitigating and aggravating factors
🔹 Whether the law permits a lesser or alternative sentence

The court's discretion is not unlimited. A judge cannot simply choose any number of years they like. The sentence must be authorised by law and comply with applicable sentencing principles.

THE KEY POINT

A lawyer can ask the court to impose a particular sentence.

A lawyer can argue why a sentence should be higher or lower, where the law permits.

But a lawyer cannot personally sentence an accused person.

The law provides the legal framework.
The lawyers make their arguments.
The court imposes the sentence.

That is the difference between ADVOCACY and JUDICIAL POWER.

©Ogam Solicitors – Law Made Easy

"The Trial is Over... So Why Is the Judgment Taking So Long?"You’ve gone through the stress of trials, presented all you...
27/09/2026

"The Trial is Over... So Why Is the Judgment Taking So Long?"

You’ve gone through the stress of trials, presented all your evidence, and heard the final legal arguments. Naturally, you expect a quick decision.

Yet, weeks—or even months—pass before the judge delivers a ruling. Why the delay?

At Ogam Solicitors, we regularly hear this question from anxious clients. Here is what is happening behind the closed doors of the court after a hearing ends:

1. Rigorous Review of Trial Evidence

A trial creates massive volumes of transcripts, exhibits, witness testimonies, and expert reports. Judges must carefully review every piece of evidence to ensure no detail is missed or misinterpreted.

2. Legal Research and Drafting Precedents

Judgments aren't just simple "win" or "lose" decisions. Judges must write comprehensive legal opinions grounded in statutory laws and binding judicial precedents. Crafting a sound, appeal-proof judgment takes significant research and time.

3. High Judicial Workloads

Courts handle heavy caseloads. A single judge often presides over multiple ongoing trials while simultaneously drafting judgments for cases that concluded weeks prior.

4. Written Address Submissions

After trial hearings, opposing lawyers submit written addresses summarizing their legal arguments. Judges must study both briefs side by side before reaching a final, impartial conclusion.

The Bottom Line: A delayed judgment is often the cost of thoroughness. A hasty decision risks procedural errors or an immediate appeal, whereas a well-reasoned ruling stands firm.

©Ogam Solicitors -Law Made Easy

"I'm a Trained Legal Practitioner... So Why Shouldn't I Represent Myself in Court?"An old legal adage wisely warns: "A l...
27/09/2026

"I'm a Trained Legal Practitioner... So Why Shouldn't I Represent Myself in Court?"

An old legal adage wisely warns: "A lawyer who represents himself has a fool for a client."

It sounds surprising if you know the law, understand procedural rules, and have court experience, why shouldn't you advocate for your own cause?

While the law technically permits self-representation (pro se), seasoned legal experts rarely advocate doing so. Here is why even practicing experts choose independent counsel:

1. Loss of Objective Judgment

When it is your reputation, money, or personal outcome on the line, emotion inevitably clouds legal strategy. Independent lawyers maintain detachment, analyzing facts objectively rather than through personal grievances.

2. The Witness/Advocate Conflict

If your matter requires you to give sworn testimony, stepping back and forth between being a witness on the stand and an advocate arguing the law weakens your credibility in the eyes of the bench.

3. Blind Spots & Confirmation Bias

When you are personally involved, you tend to overvalue evidence supporting your position and overlook procedural flaws or counterarguments that an independent counsel would instantly catch.

4. Courtroom Perception

A third-party advocate presents a polished, balanced case without the appearance of personal desperation or hostility toward opposing counsel.

The Takeaway: Great advocacy requires cold logic, zero personal bias, and fresh eyes. Protecting your rights deserves an independent advocate focused solely on getting you the best result.

Ogam Solicitors -Law Made Easy

CAN A SITTING JUDGE REFUSE TO ENFORCE AN ORDER MADE BY HIS PREDECESSOR?Imagine a court has made a valid interlocutory in...
27/09/2026

CAN A SITTING JUDGE REFUSE TO ENFORCE AN ORDER MADE BY HIS PREDECESSOR?

Imagine a court has made a valid interlocutory injunction or another order. Before the matter is concluded, the judge handling the case is transferred, retires, or is otherwise replaced.

Can the new judge say:

«“I would have punished the defaulters if the order had personally been made by me.”»

Generally, a change of judge does not automatically wipe away a subsisting order of the court.

The important principle is that the court is an institution, not the individual judge occupying the seat. A High Court remains the same court even when different judges preside over its proceedings. The Court of Appeal has also recognised that a State High Court is one indivisible High Court, notwithstanding its different judicial divisions.

Similarly, Nigerian appellate authority recognises the importance of obeying a subsisting court order until it is properly set aside. In Hon. Mike Balonwu & Ors v. Peter Obi & Anor (2007), the Court of Appeal stated that a court order, once subsisting, must be obeyed and cannot simply be ignored.

Therefore, the real question should not ordinarily be “Who made the order?” but rather:

🔹 Is the order valid?
🔹 Is it still subsisting?
🔹 Has it been set aside, discharged or varied by a competent court?
🔹 Was there a proper application before the court concerning its enforcement?

A successor judge should not treat a valid order as though it never existed merely because another judge made it.

The judge may change. The court does not.

What do you think?

Ogam Solicitors – Law Made Easy

CAN TIME ERASE A CRIME? WHAT HAPPENS WHEN DNA SOLVES A 20-YEAR-OLD CASE? Imagine this:In 1990, a woman is attacked in he...
26/09/2026

CAN TIME ERASE A CRIME? WHAT HAPPENS WHEN DNA SOLVES A 20-YEAR-OLD CASE?

Imagine this:

In 1990, a woman is attacked in her home, r***d and killed. Police investigators recover blood, fingerprints and footprints, but the perpetrator is never caught.

Twenty years later, a new team reviews the old case. The preserved biological evidence is subjected to modern DNA testing, and the result points to a particular suspect.

CAN HE STILL BE ARRESTED AND PROSECUTED?

Yes, potentially.

The mere passage of time does not automatically extinguish criminal liability for serious offences such as murder. The fact that modern forensic technology was unavailable when the crime occurred does not necessarily prevent properly preserved evidence from being examined later.

But a DNA match is not automatically a conviction.

The prosecution may still have to establish:

🔹 Proper collection and preservation of the evidence
🔹 A reliable chain of custody
🔹 The reliability of the DNA analysis
🔹 The connection between the accused and the offence
🔹 The case beyond reasonable doubt

The accused remains presumed innocent and entitled to a fair trial.

THE LESSON

A cold case is not necessarily a dead case.

Evidence collected decades ago may become useful when technology advances.

The real question is not simply “How old is the case?”

It is:

“Can the evidence still be lawfully and reliably used to prove the case?”

Technology may change with time, but the burden of proof remains.

Ogam Solicitors – Law Made Easy

WHAT IS A “COLLATERAL ATTACK” ON A COURT JUDGMENT?A collateral attack occurs where a party seeks to challenge the legal ...
26/09/2026

WHAT IS A “COLLATERAL ATTACK” ON A COURT JUDGMENT?

A collateral attack occurs where a party seeks to challenge the legal validity or effect of a previous judgment in another proceeding, rather than using the ordinary appellate process to complain about errors in that judgment.

For example, where a person argues that the earlier judgment is a nullity because the court lacked jurisdiction or there was a fundamental denial of fair hearing, the issue may arise collaterally.

🇳🇬 NIGERIAN LAW

The Supreme Court in Madukolu v. Nkemdilim (1962) 2 SCNLR 341 established the fundamental conditions for a court to exercise jurisdiction.

Where a court completely lacks jurisdiction, its proceedings and judgment may be a nullity.

Also, in Skenconsult (Nig.) Ltd v. Ukey (1981) 1 SC 6, the Supreme Court dealt with fundamentally defective proceedings and the circumstances in which a court can set aside its own void order.

But there is an important warning:

Not every error in a judgment makes that judgment a nullity.

If a court of competent jurisdiction simply made an error of law or fact, the ordinary remedy is generally to appeal, not to start another case merely to attack the judgment.

So, in simple terms:

👉 Direct attack: “The trial court got the decision wrong. I am appealing.”

👉 Collateral attack: “There is a fundamental legal defect in that earlier judgment, such that its validity or effect is being challenged in another proceeding.”

A judgment being wrong is not necessarily the same thing as a judgment being void.

That distinction is extremely important in Nigerian litigation.

What do you think: Can every bad judgment be challenged in a fresh suit?

Ogam Solicitors – Law Made Easy

WRONG JUDGMENT OR VOID JUDGMENT — ARE THEY THE SAME?NO.This distinction can determine whether you should appeal, apply t...
26/09/2026

WRONG JUDGMENT OR VOID JUDGMENT — ARE THEY THE SAME?

NO.

This distinction can determine whether you should appeal, apply to set aside an order, or whether a collateral challenge may arise.

1️⃣ A WRONG JUDGMENT

A competent court may make an error in:

• interpreting the law
• evaluating evidence
• applying a legal principle
• reaching a conclusion on the facts.

That does not automatically make the judgment a nullity.

The usual remedy is to challenge the decision through the appropriate appellate process.

2️⃣ A VOID JUDGMENT

A different situation arises where there is a fundamental defect affecting the court's competence to adjudicate.

For example, lack of jurisdiction can render proceedings a nullity.

The classic Nigerian authority is:

Madukolu v. Nkemdilim (1962) 2 SCNLR 341

The Supreme Court laid down the well-known principles concerning when a court is competent to exercise jurisdiction.

Another important authority is:

Skenconsult (Nig.) Ltd v. Ukey (1981) 1 SC 6

The case concerned fundamentally defective proceedings and the power of the court to set aside a void order.

THE SIMPLE RULE

X “The judge made a mistake” does not automatically mean the judgment is void.

- “The court had no jurisdiction” raises a fundamentally different question.

Therefore, before filing a fresh action against an existing judgment, ask:

Was the judgment simply erroneous, or is it alleged to be a nullity?

That distinction is one of the reasons why litigation requires more than simply saying:

«“I don't agree with the judgment.”»

Law is not only about winning or losing a case. It is also about knowing the correct legal procedure for challenging a decision.

Ogam Solicitors – Law Made Easy

Is a Commission of Inquiry the Same as a Trial?When something big happens—like civil unrest, public financial scandals, ...
25/09/2026

Is a Commission of Inquiry the Same as a Trial?

When something big happens—like civil unrest, public financial scandals, or structural collapses—you often hear that the Governor or State Government has set up a Commission of Inquiry.

Many people assume this means a trial has started. But legally speaking, they are two very different things!

What is a Commission of Inquiry?

A Commission of Inquiry is an administrative, fact-finding panel set up to investigate matters of urgent public interest.

The Purpose: To uncover the truth of what happened, identify systemic failure, and recommend policy reforms to prevent it from happening again.

The Scope: Its boundaries are strictly limited to the Terms of Reference (ToR) set by the Governor or Government.

The Powers: While it can summon witnesses and demand documents just like a court, its primary job is advisory, not punitive.

Can an Inquiry Lead to a Trial?

Yes!
Although a Commission of Inquiry cannot convict or send anyone to prison, its findings can serve as the foundation for future legal action. If the inquiry uncovers evidence of crime, the government can forward the report to law enforcement to file formal criminal charges in court.



© Ogam Solicitors -Law Made Easy

CAN A NEW CASE REOPEN AN OLD CASE? A question people often ask is:>“If my old case has been closed, can I simply file a ...
25/09/2026

CAN A NEW CASE REOPEN AN OLD CASE?

A question people often ask is:

>“If my old case has been closed, can I simply file a new case to bring the matter back?”

The short answer is: Not automatically.

Filing a fresh case does not, by itself, reopen the old case. Whether a new action can be maintained depends on how the earlier case ended, the issues involved, the parties involved, and whether there was a final judgment on the merits.

WHAT IF THE OLD CASE ENDED IN A FINAL JUDGMENT?

Where a court has already finally determined the same dispute between the same parties, the doctrine of res judicata may prevent the parties from bringing another action over the same subject matter.

The purpose is to prevent parties from repeatedly litigating the same dispute after it has already been finally determined.

Sometimes, a party may have to return to the original proceedings rather than start an entirely new action.

Depending on the circumstances and applicable procedural rules, a party may seek remedies such as:

* Setting aside a judgment or order;
* Relisting a matter that was dismissed for want of diligent prosecution;
* Appealing the decision; or
* Seeking other appropriate post-judgment relief.

WHAT ABOUT FRAUD OR DENIAL OF FAIR HEARING?

Where a party alleges that a judgment was obtained through circumstances such as fraud, lack of proper service, or denial of fair hearing, the appropriate remedy may involve challenging the judgment through the legally recognised procedure.

It is not necessarily a matter of simply filing another suit and pretending the previous case never existed.

WHAT ABOUT CRIMINAL CASES?

Criminal proceedings have additional constitutional and procedural protections. It would be discussed in a separate post

THE IMPORTANT POINT

A NEW CASE DOES NOT AUTOMATICALLY REOPEN AN OLD CASE.

Before filing a fresh action, you must first ask:

- How did the old case end?

- Was there a final judgment on the merits?

- Was the case dismissed or struck out?

- Was it struck out for want of jurisdiction?

- Are the parties and subject matter the same?

- Is the new action caught by res judicata or issue estoppel?

- Is there a right of appeal or an application that should be made in the original proceedings?

- Is the claim still within the applicable limitation period?

The answer to these questions can completely change the legal position.

So, don't assume that filing a “new case” is the same thing as reopening an “old case.” They are two different things.

LAW MADE EASY — Ogam Solicitors*

25/09/2026

Happy Birthday to my Lagos legal connect, Ogam Solicitors . May this new age bring you greater joy, beautiful opportunities, and countless reasons to be grateful. May God bless and keep you always. Cheers to a beautiful new chapter!

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