Legal Dilemmas

By  Ehiwe Sam, Lagos Recently, Nigeria has been going through a myriad of problems which have challenged its corporate existence. In this view, there have been suggestions from different quarters as to the best solution to the problems. In the West, there is the call for an Oduduwa Republic championed by the likes of Femi Fani Kayode. In the North some are fanning the embers of an Arewa Republic while in the South the call is for a Middle Belt Republic. The most pronounced of them all is the agitation for an Independent Republic of Biafra championed by Mazi Nnamdi Kanu from the Eastern part of Nigeria. The call for a Republic of Biafra is very delicate and sensitive owing to the fact that such a call presents a de javu of what history holds. The loss of lives that followed the first ever attempt by Easterners led by Ojukwu led to avoidable hostilities which resulted in the loss of lives of many Nigerians, most of who died of hunger and disease. It would be recalled ...

By Nwokocha Chidinma Grace, Lagos, Nigeria.   "I did it!” He blurted out without remorse. "You did whaat?" Inspector Olopaa asked, praying that he did not just hear this man say he committed the sacrilege. "I killed my wife", Kenny replied, still unrepentant. For what seemed like hours, Inspector Olopaa was speechless. He sat gazing at this man like one who had just seen a ghost. In his entire 30 years as a Police officer, this was the first time a suspect was confessing to a crime voluntarily. When he came to himself, he instructed the police constable on duty to remand the suspect the cell pending proper investigation and arraignment.  Inspector Olopaa was determined to get to the root of the matter by personally investigating the alleged commission. He especially wanted to find out why a murder suspect would voluntarily confess to killing his own wife.  “Something must have gone wrong”, he reasoned within himself. At exactly  11:30pm...

By Ayuk Kure, Lagos. kureayuk@gmail.com. The subject of entrepreneurship is visited with droopiness each time it is raised in the circle of lawyers. This is because the Rules of Professional Conduct for Legal Practitioners (RPC), 2007 restricts engagement in business or trade by legal practitioners in Nigeria. The consequence of this has been a lack of interest in entrepreneurship and a care free attitude towards business. Little wonder that not many profitable ventures in the country can be traced to lawyers.  It is in the light of the above that we have examined the relevant provision of the RPC and consulted books and experts in order to take an informed stance on the subject. In the first place, a legal practitioner is defined by section 24 of the Legal Practitioners Act (LPA) as one entitled to practice law in Nigeria as a barrister and solicitor of the Supreme Court. This definition is further fortified by section 2(1) of the same Act which provides that a perso...

Hi there! Thank you for your unflinching support for our blog. We know that what keeps you coming back again and again is not just our amazing content but your dedication to our cause and our shared brotherhood which has culminated in a desire to see us succeed.  Thanks again! SPECIAL ANNOUNCEMENT We are organizing a Whatsapp seminar this Sunday (10 September, 2017) by 7pm as part of our corporate social responsibility and to reward you for your loyalty. The seminar is going to cut across law and business and specifically on the following topics: How to raise funds for your start up How digital skills can advance your practice and give you an edge in the legal profession Our facilitators are amazing guys: 1. Samuel Famolu (LLB, BL): Problem solver and tech-lawyer at nhub, Jos, Plateau State, Nigeria. 2. Adekanbi Ademola Michael (alumnus of Common Purpose, United Kingdom): Project Director at Rex Foundation & Creative Director of Rex Creative Crib, Lagos State, Nige...

 By  Nwokocha Chidinma Grace It all started when she was 8. Uncle Chris had come into the room while she was fast asleep. It had rained heavily all through the day and the night was cold and lonely. Dad was out on a business trip as usual and was not expected back until the following week. She had never known her mother. She was told that mum had died while giving birth to her. Dad was contemplating getting married again but at the moment she was an only child. So whenever dad was away on one of his numerous business trips, she was left alone in the house with Uncle Chris, Dad’s younger brother who was in the University and went to school daily from home. “Angel”, Uncle Chris whispered in the darkness. There’s something new I would love to teach you. Angela got up slowly. For a moment she was grateful that here at last was someone to keep her company. She had wondered so many times why he preferred to call her Angel instead of Angela. He had told her that she...

A Guest Post By E.S.O. Ogholaja, Delta State, Nigeria An African adage says that when a person throws a stone in the open market, the stone may hit his father on the head. The Owerri saga is not only touching but it has raised much dust in the already troubled Nigerian polity as it concerns proving the offence of murder. While we admire and respect the views of Ehiwe O. Sam on this matter in his article, we cannot agree with him. The fons et origo of our view is rooted in the following reasons: Firstly, it is our view that it is the offence of murder and not manslaughter that was committed in the Owerri saga. Our position is judicially backed by the case of Uguru V. State (2007) 9 NWLR (pt. 771) at p. 90 where the court held that for the offence of murder to be established, the following elements must be present: The victim is dead The death of the victim was caused by the act(s) of the accused person Death was a probable consequence of the act of the accused person. ...

 By Ehiwe O. Sam. Nigeria as a Federal state has an avalanche of Acts, Laws, and Bye laws. Ever heard of the Bight of Bonny Act of 1975, or the Flags and Coat of Arms Act of 1960 or the Corneal Grafting of 5th May 1973 or the Boy’s Scout Act of 1922? All of these are laws applicable to Nigeria. These laws are so many that some of them sometimes sound strange. Murder is a capital offence in Nigeria which carries with it a capital punishment. This kind of punishment in my view is not just aimed at punishing the offenders but also to completely nip in the bud the subsequent commission of such an offence by other persons. This is why perhaps our criminal jurisprudence not only punishes the offender but also the accessories after the fact. See section 7 of the Criminal Code. It is important to note however that it is not all killings that qualify as murder. In fact, there are some killings that carry no punishment. Such killings is what we refer to as ‘legal deprivation of liv...