ALLOCUTUS- IT IS THE CONVICT, NOT THE DEFENCE COUNSEL, WHO MAKES THE ALLOCUTUS. ISSUE: Whether allocutus can be made on behalf of an accused person after conviction “Allocutus”, as defined in Earl Jowitt: The Dictionary of English Law, is what the convict has to say why the Court should not proceed to sentence him. That […]
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OGIEFO V. HRH JAFARU & ORS (2024) LPELR-62942(SC)
THE SUPREMACY OF CODIFIED CUSTOMARY LAW OVER UNCODIFIED OR UNREGISTERED CUSTOMS AND TRADITIONS “In any case, the settled law is that a codified or enacted or registered declaration of customary law has statutory force and remains the exclusive determinant of what the relevant customary law is. The existence of such codified or enacted customary law […]
Wike’s Controversial Order to Expel Beggars from Abuja: A Violation of Rights and Short-Sighted Approach
In a controversial and dehumanizing directive, Barrister Nyesom Wike ordered beggars to leave Abuja before Monday, October 28, 2024, claiming the capital city is turning into a “city of beggars.” Wike went so far as to say that the beggars would be “packed out” of the city, an expression that reduces human beings to mere […]
OLANIYAN v. OLANIYAN- (2024) LPELR-62816(CA)
DISSOLUTION OF MARRIAGE- MATRIMONIAL PROCEEDING- A Petitioner is not required to personally testify under the Matrimonial Causes Act and Matrimonial Causes Rules in order to be eligible for the reliefs sought. Issue: Whether it is mandatory for a petitioner to testify personally before he/she will be entitled to the reliefs sought Section 44 (3) of […]
ZACK OKEMINI v. COMMISSIONER OF POLICE (2024) LPELR-61811(SC)
CONSTITUTIONAL LAW – RIGHT OF AN ACCUSED PERSON- The right of an accused person charged in a magistrate Court under summary trial to adequate facilities for his defence. Whether an accused person charged in a magistrate court (or any other court with summary trial jurisdiction) is entitled to adequate facilities for his defence – issue […]
THE FEDERAL ROAD SAFETY CORPS (FRSC) OFFICERS LACK THE AUTHORITY TO STOP OR FINE MOTORISTS ON STATE ROADS
The Federal Road Safety Corps (FRSC) is a federal agency established with the mandate to ensure the safety of road users across Nigeria. However, a significant point of contention arises concerning the specific jurisdictions within which the FRSC can legally operate. The Court of Appeal in the case of FRSC v. EHIKAAM (2023) LPELR-60749(CA), held […]
UNDERSTANDING SECTION 60(1) OF THE POLICE ACT: THE RIGHT NOT TO MAKE A STATEMENT AT THE POLICE STATION
In the realm of criminal law, every individual is entitled to certain rights, ensuring fair treatment and due process. One crucial aspect of this framework is the right to make a statement when accused of an offense. Section 60(1) of the Police Act specifically addresses this fundamental right, emphasizing the voluntary nature of providing a […]
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