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25/07/2024

ONE KOBO FACT

LEGAL SNIPPET

IMPORTANCE OF SIGNED JUDGEMENT BY THE DECIDING JUDGE.

"Whether the certified true copy of a judgment/ruling must be signed and dated by a judge"

"It is a fact that the record of appeal before us was certified, as a true copy, by the Registrar of the lower Court. Under Nigerian Law, it is not enough that a document should be duly certified. Certification only goes to admissibility. To be acted upon, there must be evidence of date of authorship. A judgment or ruling of a Court will be worthless if it was merely certified by a Registrar, without the name or signature of the Judge or Justice who delivered it, and the date of delivery. See OMOBORIOWO II v. MILITARY GOVERNOR, ONDO STATE (1995) 9 NWLR (Pt. 418) at 222.

Order 39 Rule 3 of the High Court of Plateau State (Civil Procedure) Rules, 2020 provides: "Where any judgment is pronounced by a Judge, the judgment shall be dated as of the day on which such judgment is pronounced and shall take effect from that date unless the Judge otherwise orders."

Mere certified to a Certified True Copy of a Court's Ruling or Judgement by the Registrar of the Court does not in any way validate it.

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Thank you very much. Have a nice day ahead.

23/07/2024

ONE KOBO FACT

LEGAL SNIPPET

WHAT IS AN APPLICABILITY OF STATUS QUO ANTE BELLUM?

⚖️⚖️ STATUS QUO ANTE BELLUM IS ONLY APPLICABLE FOR INTERLOCUTORY INJUNCTION⚖️⚖️

FALOMO v. BANIGBE & ORS(1998) LPELR-1237(SC),

Issue
EQUITABLE REMEDY - INTERLOCUTORY/INTERIM INJUNCTIONS -

_Principles governing the grant or refusal of an application for interlocutory injunction_

"It is trite law that the Court in an application for interlocutory injunction will consider the preservation of the status quo ante bellum. In Akapo v. Hakeem Habeeb (1992) 6 NWLR (Pt. 247) 266 at 311C Ogundare, J.S.C. defined the phrase, status quo ante bellum to mean- " ...the situation or position prevailing before the defendants' conduct complained of by the plaintiff." Per ANTHONY IKECHUKWU IGUH, JSC (Pp 26 - 27 Paras G - A)

Furthermore, in the recent case of AKPAN v. NNAH & ORS(2022) LPELR-57201(CA),

Issue
EQUITABLE REMEDY - INTERLOCUTORY/INTERIM INJUNCTIONS -

_Purpose of an interlocutory injunction_

"Interlocutory injunction is an equitable remedy available to an applicant whose purpose is to protect the res, the subject matter of litigation pending the determination of the dispute regarding it. The order keeps the matter in status quo ante bellum, i.e. the position the parties were before the hostility started. See EDOSOMWAN VS. EREBOR (2001) 13 NWLR (PT. 730) 265 (CA) and ORJI VS. ZARIA IND. LTD (1992) 1 NWLR (PT. 216) 123 (S.C.)." Per BALKISU BELLO ALIYU, JCA (Pp 10 - 11 Paras F - B)

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Thank you very much.
Have a wonderful day ahead.

13/04/2024

ONE KOBO FACTS

NAIRA NOTES: COMMON PRACTICES THAT COULD ANYONE IN PRISON....... by Victor E.
Following the Friday imprisonment of Idris Olarewaju Okuneye, also known as Bobrisky, for abusing the naira.

Justice Abimbola Awogboro said the sentencing of Bobrisky, a controversial crossdresser, would be a deterrent to others who are found abusing and mutilating the naira.
The Clean Notes Policy of the Central Bank of Nigeria was implemented with the aim of enhancing the visual appeal and durability of the banknotes in circulation.
According to the CBN, the objective is to guarantee that the naira banknotes in circulation maintain a high standard of quality, enabling them to be easily processed and accepted by the general public.
Below are the ways you can abuse the naira:
1.Spraying: It is illegal to spray banknotes at events.
2.Writing: Writing on banknotes is prohibited by law.
3. Stapling: Stapling banknotes is prohibited by law due to the potential for corrosion caused by the pins.
4. Tearing: Tearing banknotes is also illegal.
5.Dancing or stamping on naira: Dancing or stamping on naira banknotes is prohibited by law. Getting oil or ink on the banknotes can be considered a form of defacing.
6. Selling: Selling currency banknotes is illegal.
7. Mutilation: Anyone caught tampering with the naira note will face legal consequences, as stated in the CBN Act Section 21.
8. Rejecting the naira: Rejecting the naira is strictly prohibited by law (Section 20, Subsection 5).
9. Money bouquets: In February 2023, the CBN also identified money bouquets as a type of naira abuse.
Bobrisky’s Friday sentencing is not an isolated incident.
Earlier in February 2024, actress, Oluwadarasimi Omoseyin, was convicted and sentenced to six months in prison for defacing the naira notes by spraying and stepping on them at a social event in Lagos.

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25/03/2024

ONE KOBO FACT

LEGAL SNIPPET

IMPORTANT OF DOCUMENTARY EVIDENCE

One Lawyer was traveling by train from Abuja to Kaduna.
When the train started, he realized he was traveling alone in the business class.
A few minutes later, a beautiful lady came and sat in the opposite seat!
The lady kept smiling at him and eventually she sat next to him .... the lawyer kept bubbling with Joy.
She then leaned towards him and whispered in his ear ... _ "Hand over all your cash, cards, and mobile phone to me, or else I will shout and tell everybody that you are harassing and misbehaving with me.
The Lawyer stared blankly at her!!🙄

He took out a paper and a pen from his bag and wrote " _I am sorry, I can not hear or speak ..._ Please write on this paper whatever you want to say_"

The lady wrote everything that she had said earlier and gave it back to him!
The Lawyer took her note, kept it nicely in his pocket ... got up, and told her in clear tones ...

" _Now SHOUT & SCREAM!!!_ "

Moral of the story:

DOCUMENTATION IS VERY IMPORTANT

If you don't know how to get your dealings documented, you better learn this in 2024_

Endeavour to document all your dealings and transactions with anyone irrespective of how close such a person is to you.*

Once your transaction is documented THE LAW OF EVIDENCE vindicates you.

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Thank you very much.

Good morning.

23/03/2024

ONE KOBO FACT

"LEGAL SNIPPET "

"Lustitia nemini neganda est" - “Justice is to be denied to no one.”

This is a legal maxim meaning that "all persons must be afforded their legal rights without discrimination."

This is applicable where the public security officer appears to be one-sided against a suspect who is reported by a rich complainant and the rights of such suspect is infringed upon by the security officer in other to please the complainant.

Therein, if he has any counsel/lawyer, such must remind the security officer that in the course of carrying out his official duty, he must ensure that the suspect's rights are not trampled upon.

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Happy Weekend.

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