Oluyemisi Ebadan & Co

01/10/2026

Happy Independence Day Nigeria! 🇳🇬
​Today, we join millions across the country and around the world to celebrate the heritage, unity, and bright future of our great nation.
​May peace, progress, and economic renewal reign in every corner of Nigeria.
​Warm wishes to you and your family from all of us at Oluyemisi Ebadan & Co.

01/10/2026

Happy Independence Day Nigeria! 🇳🇬
​Today, we join millions across the country and around the world to celebrate the heritage, unity, and bright future of our great nation.
​May peace, progress, and economic renewal reign in every corner of Nigeria.
​Warm wishes to you and your family from all of us at Oluyemisi Ebadan & Co. Oluyemisi Ebadan & Co

01/10/2026

In Nigeria, fundamental human rights are the basic rights and freedoms guaranteed to every individual. These rights are constitutionally entrenched under Chapter IV (Sections 33 to 46) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Guaranteed Constitutional Rights (Chapter IV)
​1. Right to Life (Section 33)
​Every person has a right to life. Deprivation of life is illegal except in ex*****on of a court sentence following a criminal conviction, or in cases permitted by law
​2. Right to Dignity of Human Person (Section 34)
​Guarantees protection against torture, cruel, inhuman, or degrading treatment.
​3. Right to Personal Liberty (Section 35)
​Protects individuals from unlawful arrest and arbitrary detention. Anyone arrested must be informed of the reasons in writing within 24 hours, brought before a court within a reasonable time (typically 24–48 hours), and released if not tried within a specified timeframe.
​4. Right to Fair Hearing (Section 36)
​Entitles every individual to a fair, public trial within a reasonable time by an independent and impartial court or tribunal.
​5. Right to Private and Family Life (Section 37)
​Guarantees the privacy of citizens, their homes, correspondence, telephone conversations, and digital communications.
​6. Right to Freedom of Thought, Conscience, and Religion (Section 38)
​Grants everyone the liberty to hold beliefs, worship, practice, and change their religion or belief without state interference.
​7. Right to Freedom of Expression and the Press (Section 39)
​Guarantees the freedom to hold opinions and to receive and share ideas or information without interference, including freedom of the press.
​8. Right to Peaceful Assembly and Association (Section 40)
​Protects the right to assemble freely and form or belong to political parties, trade unions, or other civic associations.
​9. Right to Freedom of Movement (Section 41)
​Grants every Nigerian citizen the right to move freely throughout Nigeria and reside in any part of the country, as well as the right not to be expelled or denied entry.
​10. Right to Freedom from Discrimination (Section 42)
​Prohibits discrimination against any citizen based on ethnic group, place of origin, s*x, religion, political opinion, or circumstances of birth.
​11. Right to Acquire and Own Immovable Property (Section 43 & 44)
​Guarantees the right of every citizen to acquire and own property anywhere in Nigeria. It protects against compulsory acquisition of property by government without prompt compensation.

30/09/2026

In Nigerian criminal jurisprudence, insanity serves as a complete defense to criminal liability. The legal standard differs from medical definitions of mental illness—a person may be medically ill but legally sane if they understand the nature and wrongfulness of their actions.

Key Legal Elements:
​To successfully plead insanity, the defense must establish the following elements:
​State of Mental Disease or Natural Mental Infirmity: The condition must stem from an internal disease affecting the mind (e.g., schizophrenia, severe organic brain disease) or natural mental defect (e.g., severe intellectual disability).
​Time of the Offense: The deprivation of mental capacity must exist at the exact time the offense was committed. Prior or subsequent insanity is only relevant as evidence of state of mind at the time of the crime.
​Loss of Capacity: The mental defect must result in at least one of the three statutory incapacities:
​Lack of comprehension (not knowing what one is doing).
​Lack of moral/legal awareness (not knowing the act is wrong).
​Inability to control actions (recognized under Section 28 of the Criminal Code as an "irresistible impulse," expanding beyond traditional English M'Naghten Rules). Oluyemisi Ebadan & Co

30/09/2026

In Nigeria, the fundamental rights of a suspect upon arrest and while in custody at a police station are primarily protected under the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Administration of Criminal Justice Act (ACJA) 2015, and the Police Act 2020.
1. Rights at the Point of Arrest
* Right to Know the Reason for Arrest: Officers must immediately inform the suspect of the reason for their arrest unless they are caught in the act of committing the crime.
* Right to Remain Silent: Under Section 35(2) of the Constitution and Section 6 of the ACJA, a suspect has the absolute right to remain silent or refuse to answer any questions until they consult a legal practitioner.
* Protection Against Excessive Force: A suspect must not be subjected to unnecessary restraint, hand-cuffing, or physical violence unless there is a reasonable fear of violence, an attempt to escape, or a court order.
* Prohibition of Arrest in Lieu: Police are legally prohibited from arresting a relative, friend, or associate of a suspect in place of the suspect (no "arrest by proxy") under Section 7 of the ACJA.
2. Rights at the Police Station & During Investigation
* Right to Legal Representation: Suspects have the right to consult a lawyer of their choice before making any official statement. If a suspect cannot afford a lawyer, they are entitled to free legal assistance through the Legal Aid Council or legal aid providers.
* Right to Communication: The police must allow the suspect to make free telephone calls or communicate with family members, friends, or legal counsel to inform them of their detention location.
* Presence of a Lawyer During Statements: Any confessional statement must be recorded in writing or electronically (audio/video) in the presence of the suspect’s lawyer, a Justice of the Peace, or a representative from a civil society organization.
* Right Against Self-Incrimination: No suspect can be forced or coerced into making a confession or testifying against themselves under Section 36(11) of the Constitution.
* Humane Treatment and Dignity: Under Section 34 of the Constitution, suspects are protected from torture, cruel, inhuman, or degrading treatment.
3. Custody and Bail Rights
* Right to Police (Administrative) Bail: Except for non-bailable capital offenses (such as murder or armed robbery), suspects are entitled to administrative bail at the station without paying money to the police (bail is officially free).
* Time Limits on Detention: Under Section 35(4) of the Constitution, police cannot hold a suspect indefinitely. A suspect must be charged to court within:
* 24 hours (if a court of competent jurisdiction is within a 40 km radius).
* 48 hours or as reasonable (if no court is nearby).
* Presumption of Innocence: Every suspect is presumed innocent until proven guilty by a court of law under Section 36(5) of the Constitution. Oluyemisi Ebadan & Co

29/09/2026

In Nigerian law, jurisdiction refers to the legal power, authority, and competence of a court or tribunal to hear, deliberate on, and decide a case brought before it.
​In Nigerian legal practice, jurisdiction is often described as the "lifeblood," "bedrock," or "foundation" of an action. If a court lacks jurisdiction, any trial or decision it renders—no matter how well-conducted or logically sound—is considered a nullity (legally void ab initio).

The Test for Jurisdiction (Madukolu v. Nkemdilim)
​The locus classicus (landmark authority) on jurisdiction in Nigeria is the Supreme Court case of Madukolu v. Nkemdilim (1962). The apex court ruled that a court is competent to exercise jurisdiction only when:
​Proper Composition: The court is properly constituted as to the number and qualifications of its members.
​Subject Matter: The subject matter of the case is within its constitutional or statutory authority.
​Due Process: The case is initiated by due process of law, and any statutory condition precedent (such as serving a mandatory pre-action notice) has been fulfilled. Oluyemisi Ebadan & Co

28/09/2026

28/09/2026

A Writ of Summons is the most common mode of commencing a civil lawsuit in Nigerian courts. It is a formal court command issued in the name of the Head of Court (or Sovereign/State) compelling the defendant to enter an appearance in court and answer to the claims made by the claimant.
​Unlike an Originating Summons, a Writ of Summons is used specifically for contentious matters—cases involving substantial disputes of factual events that require oral witness evidence, cross-examination, and full trial proceedings.

Key Characteristics
​Trial by Witness (Oral Evidence): Parties must call witnesses to testify under oath in open court, present documentary exhibits, and undergo cross-examination by opposing counsel.
​Full Pleadings Required: Parties state their case through detailed written pleadings (Statement of Claim by the claimant, Statement of Defence by the defendant).
​Formal Endorsement: The Writ itself carries an endorsement outlining the nature of the claim, the precise remedies sought, and the specific timeframe within which the defendant must respond. Oluyemisi Ebadan & Co

27/09/2026

It is used primarily when the dispute centers on the legal interpretation of a document, statute, deed, contract, or constitutional provision, and where there is no substantial dispute of factual events between the parties.

Key Characteristics
​Affidavit-Based Evidence: There are usually no oral witnesses. Instead, evidence is submitted strictly through written affidavits and annexed documentary exhibits.
​Focus on Questions of Law: Rather than alleging a series of disputed factual events, the process asks the court to answer specific legal questions (e.g., "Whether, by the proper construction of Section 5 of Contract X, Party A is entitled to Y?").
​Speed & Efficiency: Because it skips the long phase of exchanging pleadings (Statement of Claim/Defence) and oral trial, it is a much faster route to judgment. fans Oluyemisi Ebadan & Co

26/09/2026

In Nigerian civil procedure, a Pre-Trial Conference (PTC)—also referred to as a Case Management Conference (CMC)—is a mandatory prelude to a full trial. Held after pleadings close, it brings the judge, parties, and their legal counsel together to resolve preliminary issues, narrow down disputes, and manage the case efficiently.
​First introduced widely through the High Court of Lagos State (Civil Procedure) Rules and now adopted by the High Court Rules of the Federal Capital Territory (FCT) and various states, the process aims to curb delay and prevent frivolous litigation.

Core Objectives
​Promote Settlement: Encourages parties to settle out of court using Alternative Dispute Resolution (ADR) mechanisms, such as the Multi-Door Court House.
​Define Issues: Identifies and narrows down the precise legal and factual questions in dispute.
​Manage Evidence & Discovery: Handles administrative matters, including requests for admissions, interrogatories, and the disclosure or inspection of documents.
​Set Timelines: Establishes a strict trial schedule, limits the number of witnesses, and sets time frames for written addresses. fans Oluyemisi Ebadan & Co