Author: Hameed Ajibola Jimoh Esq.

Litigation relates to resolving legal issues with the aid of or by resorting to court of law. The court of law now on indefinite action due to the declared strike action by the Judiciary Staff Union of Nigeria-herein after referred to as JUSUN- and as a result of the strike action, some persons with due respect to them, have embarked on using derogatory statements against private legal practitioners that chose their career in litigation, the situation which is likely to discourage any private legal practitioner who has chosen his career in the litigation. This paper is much more with the…

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Islamic law isAllaah’slegislated law. See: Usman v. Umaru (1992) 7 NWLR (Pt. 254) 377; (1992) 7 SCNJ (Pt.11) 388 P.400.In Nigeria today, there are some tertiary institutions offering the Islamic law/Sharia law. Many Muslims law students of today in my observation do not really understand Islam or the Islamic law. Islamic law too in my humble view, is not the same as Arabic Language, which is just a language of the Arab though the main language of the Quran as revealed by Allaah to Prophet Muhammad (SAW). It is the view of this paper that some if not many Muslim…

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The Judiciary Staff Union of Nigeria-herein after referred to as JUSUN- declared indefinite strike action has been over three weeks since its commencement. Many litigants including those in the correctional service centers have been crying for justice! Justice at this time for them has been denied due to unwarranted delays as a result of the JUSUN’s strike action! That is why I hereby call on the striking JUSUN and the government to hear the cries of the common litigants by calling off the strike action! Some of my clients in civil and in criminal suits/cases have not been able to…

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The Judiciary Staff Union of Nigeria-herein after referred to as JUSUN- declared indefinite strike action has been over three weeks since its commencement. The Nigerian Bar Association-herein after referred to as the NBA- has commended and supported the declared indefinite strike despite the adverse effect of the strike action on its members with whose money/fees the NBA Executives run the association! The NBA has,with due respect to it, refused and or rejected and or pretended and or failed to reason and or consider and or sympathise and or find out how its members survive during this strike action but has…

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In the course of my legal research recently, I came across a provision under section 70 of the Penal Code Act, Laws of Federal Capital Territory-Abuja, on fractions of terms of punishment. It is also observed by me that many of the times, when accused persons/defendants are represented by counsel of their choice and sentence/punishment has been given by the court, the post-judgment issues lie on the said convict and or his family as the lawyer is seen to have concluded his own professional part especially where there is no appeal on the said criminal case. I have reasoned on…

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The continuous lock down of Federal Courts (which include the Court of Appeal of Nigeria, the Supreme Court of Nigeria, the National Industrial Court of Nigeria and other Courts with Federal jurisdiction) including courts of the Federal Capital Territory- Abuja by the Judiciary Staff Union (JUSUN) has become a great surprise to me to continue to lock down Federal Courts to fight for autonomy of States’ Courts! Much more desired the surprise has been is the fact that locking down Federal Courts by the JUSUN is in violation of ‘Federalism’ since the Constitution of Nigeria, 1999, has already shared the…

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The compelled indefinite strike action by the Judiciary’s Staff Union of Nigeria (JUSUN) has been over a week now and there seems no result at suspending the strike action despite all appeals by government’s authorities, the Nigerian Bar Association and members of the public to suspend its strike action, though, all are in its support for the autonomy of the judiciary. Nevertheless, it is clear that JUSUN has no allegation of violation of the autonomy mantra against the Federal Government of Nigeria and the Federal Courts as well as courts of the FCT-Abuja, but only chose to apply its strike…

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The Judiciary Staff Union of Nigeria-herein after referred to as JUSUN- had on the 6th day of April, 2021, embarked on an indefinite strike action, thereby keeping all courts across the nation under lock-and-key. This action was reported to be necessary as a result of its agitation for the autonomy of the judiciary. This strike action has lasted five (5) days as at 10th day of April, 2021.Some lawyers and some members of the public have expressed their support for this strike action by JUSUN. This paper is also in support of the agitations of the JUSUN for the autonomy…

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Just like every person new in any position or office is new and naïve about many things concerning the new position and requires learning in the new field, so is every young lawyer being newly called to the Nigerian bar naïve in many ways about the legal profession, especially, the young but talented young lawyers are most likely vulnerable to being manipulated by either some of those that he trusts or those of his seniors at the bar or the general public due to his naivety, hence, the need for every young but talented Nigerian lawyer to be at alert…

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I have observed some of our Muslim brethren’s strict adherence to their cultures/customs especially as they concern Islamic marriage and these persons would go to any length to protect their cultures/customs even where Islamic laws provide otherwise or for a simple rules. They would insist on the would be groom to comply and or fulfill the would be bride’s cultural/customary rules (and it does not matter to them whether the cultural/customary rules required to be fulfilled are unrealistic or difficult for the would be groom to meet up with and regardless of whether the would be groom is able to…

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There is an observed conduct in some law offices which have junior lawyers as staff. The employment of the junior lawyers in some of these law offices is seen as a relief by the seniors or the principal to be free from legal research, hence, the determination to always refer majority (if not all legal researches) to be carried out by the office to the juniors in the office, especially those offices that are into litigation. This paper is of respectful advice that legal research is the backbone of litigation. And a lawyer is to ensure that he creates time…

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One of the very commendable achievements of the immediate past Chief Judge of FCT-Abuja (who just retired from the judicial service few weeks ago) was the novel inclusion in the new Rules of an injunctive (but un-appealable) provision which is contained in the Forms: 1, 2, 3, 4 and 5 prescribed by the Rules. From my legal practice experiences (in litigation), I understand the implications of this injunctive provision and its importance. I have also seen on some occasions where the registry of the High Court has always been very strict in compliance with this injunctive provision as some court’s…

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It is a clear fact that Nigeria is a secular State having not approved a particular religion/religious practices as State religion having regard to Section 10 of the Constitution of the Federal Republic of Nigeria-herein after referred to as the Constitution- though, the right to practise a religion of choice is guaranteed by the same Constitution (including International Charters such as the African Charter  on Human and People’s Rights, among others) to every citizen which is contained in section 38(1) of the Constitution. Nevertheless, it is also a notorious fact and the position of law that the criminal aspect of…

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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 the…

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The duties and significance of bailiffs in Nigerian courts in the administration of justice system cannot be overemphasized. Much as this could be emphasized, it is observed that some of our courts are not too vigilant and or observant about these duties and significance of the bailiffs and the effects and or consequences of the bailiffs falling short of those expectations. This paper outlines the significance, shortfalls and the need for improvement in the duties and performance of same according to the required details and calls for concerted efforts by the supervising Heads of Courts in ensuring that those bailiffs…

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The issue of impersonators in the legal profession keeps emanating almost daily and there has always been the question as to how to identify any of such impersonators? This act of impersonating a lawyer by non-lawyers (with criminal intent) has been recurrent even despite the (now repealed and or deleted) Rule 10 of the Rule of Professional Conducts for Legal Practitioners, 2007 which mandated lawyers to affix seal and stamp issued by the Nigerian Bar Association on legal docuemtns emanating from them (legal documents referred to in this paper includes: pleadings, affidavits, depositions, applications, instruments, agreements, deeds, letters, memoranda, reports,…

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The Private Legal Practice-herein after referred to as PLP- is a business oriented practice in true sense and just as every other business, there is high level of competition among those in the PLP, the quack/fake lawyers, those lawyers in the public service but that would still wish to illegally and unlawfully still engage in the PLP at the same time as they also engage in the public service!That is why upon becoming a lawyer, it becomes very uneasy for lawyers who do not have the usual ‘connection’ or ‘know someone in authority or in charge’ syndrome to succeed except…

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The Nigerian judges (referred to in this article, include those of the Area Courts, Magistrate Courts and the Customary Courts and other quasi-judicial bodies) are appointed mainly to dispense justice to the deserving litigants or persons in a case before them in the court of law. It is the reasoning of this paper that it is very important to remind Nigerian judges of their status and implications and or consequences of their actions and or inactions as judges on the bench so that before God Almighty, I would have been free that I have conveyed to them through this article…

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In litigation practice in the High Court, many if not all the High Court Rules mandate front-loading of court processes at the time of instituting an action. There are advantages or benefits of this front-loading style foremost in my humble observation which is ‘time saving’. However, the front-loading style is not yet adopted and or recognised in the various Magistrates/District Courts Rules (though I humbly recommend the introduction of this front-loading style in the Magistrates/District Courts Rules so as to save the precious time of the court. In this front-loading style, during trial, the party in the suit needs not…

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Today, despite the ‘cautioning words’ against making false evidence that the court’s registrar gives a witness standing in the witness box while standing as a witness for a party in a case before either a court of law or a quasi-judicial body or tribunal, some witnesses still tell lies and or give false evidence in a judicial proceedings and they would not have normally told lies or make false evidence if not on the ill-advice given to them by their lawyers and having regard to the usual pretrial rehearsal held by lawyers with their clients! This paper considers the giving…

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The legal profession has many career opportunities out of which a lawyer can build himself on. Among these career opportunities, a person may desire to either seek employment/job in either: the Ministry of Justice as a counsel/lawyer; the public service as an employee; the judiciary as a judicial officer; as lawyer in any private companies; as a private legal practitioner in any private law firms/offices; be a private legal practitioner in a self-employment; among other opportunities. Some of these career opportunities might require a certain number of years for qualification, others might be realizable upon becoming a lawyer, e.g., it…

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The legal profession has many career opportunities out of which a lawyer can build himself on. The very surprising issue is that there are many lawyers out there that do not have vision and have not unleashed the potentials in themselves. Potentials are God-given as ‘gift’. Just like when some students used to say that they have the ambition of coming ‘lawyers’ whereas, they are in the science department, while some would be in the science department and have the ambition of becoming ‘accountants’! This is indeed is an imaginary dream! The same situation is what some lawyers find themselves…

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Upon being called to the Bar and upon enrollment by a lawyer, there seem to be a great confusion as to what and what is or are next to be done. While some young lawyers regard all that worth to be done is anything that would fetch money for them (perhaps due to the economic hardship in the nation). While some out of frustration decide to go for their master’s degree in law, some of the young lawyers consider master’s degree as the one and only option to a greater height for them. So, where some young lawyers do not…

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The Honourable, the Grand Kadi of the Sharia Court of Appeal, Federal Capital Territory-Abuja had on the 16th day of December, 2020, signed into law, the Islamic Marriage Registry (Practice Direction, 2020), which accordingly (pursuant to Rule 1 of the Practice Direction) takes effect from the 9th day of December, 2020. This Practice Direction shall, save to the extent and may otherwise be directed by the Honourable, the Grand Kadi, apply to Islamic Marriage Registry matters. See Rule 2 of the Practice Direction. Also, the objective of the establishment of the Islamic Marriage Registry is to regulate matters under the…

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The issue of the power of the National Assembly or the House of Representatives to summon and or invite the President of Nigeria- Muhammadu Buhari- and the position of the Honourable Attorney-General of the Federation and Minister of Justice- Abubakar Malami (SAN) have generated some legal issues that made some lawyers and non-lawyers to give divergent opinions on the said issues while some of the opinions argued that the National Assembly has such power to summon and or invite the President, some are of the submission that the National Assembly has no such power under the 1999 Constitution of the…

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Many a time, ‘law reform’ and ‘continuous legal education’ are much more talked about by all and sundry. I have thought about all these requirements for the development of the legal profession and Nigeria as a whole. It is my humble consideration that educational scholarship for lawyers would be a great tool in achieving these objectives, hence this paper. In my humble view, educational scholarship would aid many lawyers to progress in their continuouslegal education. It is not an understatement to state that there are more than one hundred thousand (100,000.00) lawyers in Nigeria whereas, not up to 50% of…

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This topic is a brief about the destruction of ethical conduct of some lawyers and the need to curb all these excesses. It is noteworthy to note that the word ‘ills’ according to the online Merriam Webster Dictionary refers to ‘evils’ planted in the heart of some lawyers. They grow up to conduct themselves as lawyers with evil mind but the evils that they do is not because they are lawyers as being a lawyer in my humble view does not mean to be evil rather, both are separable and independent of each other. The personality of those lawyers, with…

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There is a trend in the Nigerian politics where some candidates sponsored by a particular political party after winning elections under the umbrella of that political party, turn around to deny their candidacy under the said political party that has sponsored them into office to form alliance and or allegiance and or membership of another political party. The current of such incident is the recent defection by Governor David Umahi (the Current Executive Governor of Ebonyi State) from the Peoples’ Democratic Party (PDP) to All Progressives Party (APC). This paper aims at considering the legal implications of defection by an…

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Litigation processes in Nigerian courts is becoming (if not has become) a scourge on justice-seeking litigants. This has been the course of affairs up till the present moment. This paper wonders whether there is no one in the judiciary that is in charge of making decisions that could correct all these anomalies to care about the agonies and sorrows of the justice-seeking litigants and their counsel who have approached the court of law as the last hope of the common man for remedies?! The word ‘scourge’ is defined by the online Merriam Webster Dictionary to mean 1: WHIP, especially: one…

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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, AbubakarMalami, SAN, Attorney General of the Federation and…

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