Author: Hameed Ajibola Jimoh Esq.

The Rules of Professional Conducts for Legal Practitioners, 2007-herein after referred to as the RPC- was amended by the Chairman of the Bar Council (the Chairman of the Bar Council being the Honourable, the Attorney-General of the Federation) by an official gazette. The gazette which amended the 2007’s RPC is marked S.I N0.15 of 2020 dated September 3, 2020, which reads in part, “In exercise of the powers conferred on me by section 12(4) of the Legal Practitioners Act Cap L11, LFN 2004 and of all other powers enabling me in that behalf, I, Abubakar Malami, SAN, Attorney General of…

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I have observed (to the best of my knowledge) that none of the various Rules of various courts in Nigeria provides for the modes of addressing judges of the courts, hence, this paper as my personal opinion to the effect and or submission respectfully, that the Rules of court is best to provide for modes of addressing judges of court, hence, this topic. It is no news to Law School candidates undergoing their law training in the various law schools across Nigeria especially in the ‘Law and Practice’ course that Judges of Supreme Court, Court of Appeal, are addressed as…

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It has been observed that some of our Nigerian Courts (especially the Federal High Court of Nigeria, Headquarters, Abuja) have been abusing the powers given to them under Order XV Rule 4 of the Fundamental Rights (Enforcement Procedure) Rules, 2009- herein after referred to as the FREP Rules, which was made pursuant to section 46(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution. Some of these Courts, especially the Federal High Court of Nigeria, Headquarters, Abuja, have been misinterpreting this provision of the FREP Rules, to the abuse and defeat…

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Fundamental rights are rights entrenched in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution, while human rights are entrenched in other international human rights and are wider than the fundamental rights. Though, fundamental rights or human rights are both enforceable using the Fundamental Rights E(Enforcement Procedure) Rules, 2009-herein after referred to as the FREPR. By section 46(1) of the Constitution, Nigerian Courts have been empowered to hear and or determine applications and or allegations on breach of fundamental rights and or human rights. Also, fundamental rights are enforced…

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The end of litigation ought to be ‘justice’ and nothing but ‘justice’. But unfortunately, the result of justice has many of the time, been affected by delay in hearing of cases in courts especially the appeals arising therefrom which are the main issue that this paper considers, hence, as appeals much more than the real trials, has almost become a tool for unnecessary delay and thereby become a cause for fear of an unending litigation in the hearts of litigants, hence, this topic for an appropriate decision by the appropriate authorities to resolve this issue of delay in appeals’ hearing.…

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Fundamental rights are rights entrenched in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution, while human rights are entrenched in other international human rights and are wider than the fundamental rights. Though, fundamental rights or human rights are both enforceable using the Fundamental Rights E(Enforcement Procedure) Rules, 2009-herein after referred to as the FREPR. By section 46(1) of the Constitution, Nigerian Courts have been empowered to hear and or determine applications and or allegations on breach of fundamental rights and or human rights. This paper is of the…

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The Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution and the International human rights laws have guaranteed some rights for every citizen and every person respectively. Such as: right to life, right to dignity of human person, right to personal liberty, right to fair hearing, right to private and family life, right to freedom of thought, conscience and religion, right to freedom of expression and the press, right to peaceful assembly and association, right to freedom of movement, right to freedom from discrimination, right to acquire and own immovable property anywhere in…

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There have been occasions where lawyers/counsel and or litigants get confused as to what to do in a particular case where the Rules of Court or law does not provide for a particular act or what to do in such an instance? More so, as the interest of justice in the case is concerned and would serve in that circumstance. This paper is of the firm respectful submission that in any circumstance that the Rules of Court does not provide for any act or step that a lawyer intends to do or anything to be done whatsoever(and or to complement…

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Legally speaking, upon suspicion of any person for the commission of a crime, such a person is arrested and detained in a lawful custody by the law enforcement and or security agencies of government before his arraignment in a competent court of law for the alleged offence or for a remand order. Sometimes the arrest might be lawful while sometimes such an arrest might be unlawful. Also, the detention might be lawful while the detention in such facility might be unlawful. Furthermore, in some instances, the detention might be lawful if the procedures laid down by law are complied with…

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If I may say, in my humble opinion, being appointed as a judge by divine is better for the wellbeing of humanity than being sought and got by selfish means or in a self-imposed manner. This view is considered because a judge is a personality or human that has just only one human-life, hence, must use his judicial office to propagate righteousness and a just cause rather than oppression and injustice. More so, the court of law is seen as the last hope of the common man, hence, this topic. In my humble view, being a judge is indeed a…

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Nigeria is a blessed nation full of blessings from God Almighty! With all these blessings from God to this nation, some Nigerians, with due respect to them, for whatever reasons best known to them, wish Nigeria to become divided and even destroyed while they nurse their intention to relocate to another country. As far as I am concerned, Nigeria remains my country and indeed my God’s destined country and therefore, my love for her is perpetual and undying! Notwithstanding some of the challenges created by some self-centered and selfish persons within and abroad Nigeria, to me, Nigeria is a lot…

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Nigeria is indeed a nation, a country and a Republic. Nigeria is to me a blessed nation, blessed people, and blessed in all ways, including with beautiful laws that govern her. Nevertheless, Nigeria is mostlyput to disadvantage by a lot of challenges ranging from: non-application of majority of her laws; unwilling leadership at some point and unwilling citizens, and a host of other challenges. As Nigeria prepares to mark her 61st Independence Anniversary in few days, and critically looking at the future of Nigeria from the point of view of some of these challenges, made me a little bit inquisitive…

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There have been several cases of some courts’ registrars enlisting fundamental rights suits as being for ‘mention’ when same comes up in court for the first time rather than as being for ‘hearing’. This attitude or error many times defeats the interest of justice which the Fundamental Rights Enforcement Procedure Rules, 2009-herein after referred to as the FREPR- has been made to protect and ensure because, this error always necessitates the presiding Judge to adjourn the matter to another day whereas the Applicant would have to suffer denial of his freedom and or fundamental rights (the subject matter of the…

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There have been several and various arguments and or controversies here and there on whether the National Assembly of Nigeria has the Constitutional powers to make laws on the empowerment of the Federal Government of Nigeria through the Federal Inland Revenue Services (herein after referred to as FIRS) to collect tax throughout Nigeria to the exclusion of the States governments or whether it is the States’ governments that have that right or power to so collect?! These arguments have been motivated by a number of courts’ decisions to the favour of the nullity of the Value Added Tax Act and…

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One of the very lucrative professions in the world is the legal profession. This fact is well known to even non-lawyers and that is why some persons would always be enticed by the huge or high legal fees or high fees that a lawyer gets paid by his client and such a person would always reason that ‘what did the lawyer do that he was paid such a huge sum of money?!’ This scenario also shows why there are some non-lawyers attaching themselves as agents to some big law firms to always negotiate some percentage of such lawyer’s fees…

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In Nigeria, out of the three arms of government- vis-à-vis the legislature, the executive and the judiciary, it is very pathetic that it is only the judiciary that its budgetary allocations are just too low compared to the other two arms of government! It is also very pathetic that it is only the judiciary that does not have a role to play in the expenditure of the national revenues! This contributes in no small amounts to the reason why the salaries and other emoluments of Nigerian judges are just a token than it ought to be. Very unfortunately for…

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‘Bigamy’ is an offence under both the Criminal Code Act, 2004 and the Penal Code Act, Laws of FCT-Abuja, 2007 (though not specifically termed ‘bigamy’). Introductorily (and as would be seen in details below), marriage of either of the couples with another person in the pendency of a validmarriage without the valid marriage having been nullified is termed as ‘bigamy’. There have been situations where some Muslim married men have had to marry another woman (or women) to the unawareness of their wife (or wives) already married and these wife (ves) already married might only get to know either by…

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Introduction: Some persons have opined that Nigerian lawyers are the root problem of this nation (though lawyers have disputed this accusation as untrue and derogatory)! Some persons even opine that lawyers are liars! Though these are opinions of these persons and these their views are not new to majority of us as lawyers. Then, if these are the opinions of these persons (though not all citizens as some still appreciate and respect lawyers generally, may be due to the roles performed by some members of the legal profession and their legacies left undefeated), then, it calls for deep thoughts and…

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A law office or law firm in Nigeria is either operated as a sole proprietorship or sole practitionership or partnership or associateship. See: A. Obi Okoye, Law in Practice in Nigeria: (Professional Responsibilities And Lawyering Skills), First edition, Snaap Press Ltd., 2011, at pages 251-254. In either way, a 21st Century Law Firm is a law firm that is technologically advanced and of a standard law office that ensures a more professional standard of legal services delivery to the 21st Century Clients. As a young lawyer who aims at building a 21st Century Law Firm, there are corresponding challenges. These…

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There have been some reactions by some lawyers when the Honourable, the Chief Judge of the High Court of the Federal Capital Territory- Abuja, gracefully, through the Chief Registrar of the Court, issued a notice mandating the issuance of notice to counsel at least 48 hours before the day that the court concerned would not sit. These lawyers with due respect to them, commented ‘it is not a law’! Then, I asked myself the question ‘are Nigerian administrative made rules not laws’?! Then, I felt there is need to educate respectfully about administratively made rules which are regarded as administrative…

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By: Hameed Ajibola Jimoh Esq. Sequel to my appeal to the Honourable, the Chief Judge of FCT High Court in that regard by my letter dated the 17th day of March, 2021, and submitted to His Lordship’s Chambers on the 18th day of March, 2021, on the 29th June, 2021, the Chief Registrar of the High Court of the Federal Capital Territory- Abuja, on the authority of the Honourable, the Chief Judge of the High Court, issued a directive directing all registrars of courts as follows ‘prior notice of at least 48 hours must be given to all parties in…

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I have observed that at some times, some persons view all matters of law to be only on either: the Exclusive Legislative List or the Concurrent Legislative List or the Residual Legislative List. Also, these persons view that any matter not on the Exclusive Legislative List and or on the Concurrent Legislative List, is ALWAYS and MUST be on the Residual Legislative List. I wish to (by this paper) explain, argue and submit that it is not at all times that matters not contained on the Exclusive Legislative List and or on the Concurrent Legislative List is ALWAYS and MUST…

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The Court they say is ‘we lawyersoffice or farm’. Also, no one would watch his office being destroyed and or disrupted! The current rising continuous invasion on Nigerian Courts across the Federation (both superior and the inferior courts) has called for us as litigation lawyers or lawyers engaged in core litigation practices to call for security around Nigerian courts and for government to actually find a lasting solutions to these ugly incidents, hence, this paper calls on the government for a more proactive security measures in seizing incidents where our judges, magistrates, lawyers, courts’ staff and litigants as well as…

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The indefinite strike action declared by the Judiciary Staff Union of Nigeria- herein after referred to as JUSUN- has lasted for over eight weeks and it is still counting! The JUSUN had embarked on the strike action to compel financial autonomy of the judiciary on the Governors of States that have not complied with the said autonomy. JUSUN has just few days ago, resolved to call off the strike action by 14th day of June, 2021 (which is also a public holiday on the commemoration of the June 12, Democracy Day  by the Federal Government of Nigeria, which in my…

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Nigeria is currently undergoing a process of constitutional amendment of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)-herein after referred to as the Constitution. Some Nigerian citizens (including some lawyers) have called for a new Constitution for Nigeria. In as much as this call for a new Constitution might seem worthy, this paper is of the view that for a new Constitution for Nigeria to be assured, first thing must be done first as canvassed and or recommended by this paper, hence, this paper. It is my humble submission after having read and studied…

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The indefinite strike action declared by the Judiciary Staff Union of Nigeria- herein after referred to as JUSUN- has lasted for over eight weeks and it is still counting! The JUSUN had embarked on the strike action to compel financial autonomy of the judiciary on the Governors of States that have not complied with the said autonomy. There are therefore those persons who have supported the strike action and to them, the strike action is impeccable as it is the right action regardless of the consequences (as to them it is a ‘fight to finish’ once and for all battle)…

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There have been several occasions where the executive arm of government at either the Federal or the State Government level (including some of their established law enforcement and security agencies or officers in their respective civil service) disobeyed court’s orders and little or nothing has always or almost been done to bring such persons to order under the law, especially on contempt of court due to the cover or immunity of the executive arm of government conferred by section 308 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)-herein after referred to as the Constitution-against any prosecution…

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The indefinite strike action declared by the Judiciary Staff Union of Nigeria- herein after referred to as JUSUN- has lasted for over eight weeks and it is still counting! The JUSUN had embarked on the strike action to compel financial autonomy of the judiciary on the Governors of States that have not complied with the said autonomy. There are therefore those persons who have supported the strike action and to them, the strike action is impeccable as it is the right action regardless of the consequences (as to them it is a ‘fight to finish’ once and for all battle)…

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It is no more a news that insecurity is almost consuming almost the entire areas of Nigeria and facts even held that some police stations, villages, communities, religious places, homes, among others have been and continued to be evaded by either armed but unknown gun-men or bandits or kidnappers! Our roads are almost being deserted by road users and fears are pervading almost the nation! In all these scenarios about the insecurity, courts are in the midst and are expected to continue to carry out their official duties to the public as constitutionally or statutorily guaranteed (including the lower courts).…

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The indefinite strike action declared by the Judiciary Staff Union of Nigeria- herein after referred to as JUSUN- has lasted for over five weeks and it is still counting! The JUSUN had embarked on the strike action to compel financial autonomy of the judiciary on the Governors of States that have not complied with the said autonomy. Nevertheless, considering the consequential implications of the strike action on litigants and litigation lawyers and the discouraging statements being made by some persons including some senior lawyers who perhaps (with due respect to them) have no career ambition in litigation or who see…

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