Ike Imo & Co.

Ike Imo & Co. Law Practice

Let me start by saying that whereas a Legislature may be a "rubber stamp" of the Executive, the Judiciary NEVER is.Even ...
20/07/2023

Let me start by saying that whereas a Legislature may be a "rubber stamp" of the Executive, the Judiciary NEVER is.

Even during the darkest days of the worst military dictatorship, the Judiciary stood firm and upright in its constitutional role of remaining fearlessly independent.

Why is this so?

I make bold to say that it is because every Judge understands that his/her Judgement is subject to scrutiny. This scrutiny is unlimited. It includes the scrutiny of the general public and one's own peers. The public and peers here referred to may not even be limited to one's country or locality. They could be international. Law reports are read worldwide. Someone in New Zealand or India or Canada could stumble across the Judgement of a Judge sitting at the Federal High Court in Port Harcourt. If it isn't well written, if it isn't transparently honest, eventually the entire world will know!

Which is why, certain rules have been formulated to guide Judges in writing a "Good Judgement".

In the Supreme Court decision in the case of ADEYEYE v AJIBOYE (1987) 3 NWLR (pt.61) 432, 451 pp. A - C as per Aniagolu JSC, these rules were summarised as follows;

1. Set out the claims of the parties
2. Set out the issues arising
3. Put the case on an imaginary scale
4. Consider the evidence in proof of each issue, then
5. Decide which side to believe based on the preponderance of credible evidence and the probabilities of the case
6. Record logical and consequent findings of fact
7. Discuss the applicable law against the background of findings of fact.

Whenever these rules are followed and applied, the result would be referred to by the public and one's peers locally and internationally as a "good Judgement".

Conversely, where these rules are not observed and applied, such Judgement would be met with disapproval and raised eyebrows by one's peers locally and internationally.

It is respectfully submitted in conclusion therefore that a "good Judgement" will not rubber stamp the claim of a party before it, where such a claim has been contested by the other party.

I submit accordingly.

24/05/2023

The slap 2.

The video showing the citizen slapping the policeman was universally condemned nationwide. Everyone agreed that it was wrong. Assaulting a law enforcement agent in uniform wasn't right. Agreed.

Were there any extenuating circumstances worthy of consideration?

Even if there were, most Nigerians felt that the citizen had overreacted. He ought to have exercised a measure of restraint. He didn't exercise sufficient self-control.

Be that as it may, what happened thereafter?

The citizen voluntarily reported at the State Police Command as directed. He gave himself up. The Police then began the process of his humiliation. He was treated like a common criminal. Handcuffed and paraded before the Press. Dehumanised and shamed.

His status as a citizen of the Federal Republic of Nigeria was not accorded commensurate dignity. Or are we saying that a Nigerian citizen does not deserve respect?

Under the Law, distinctions are made for offences committed by persons. There are simple offences, Misdemeanours and felonies. Some have argued that the slapping of a policeman is a felony. I respectfully disagree. Under the circumstances of this case, the action of the citizen amounts to a misdemeanor.

In Law, we have bailable and non-bailable offences. A misdemeanor is a bailable offence. Indeed, unless a felony is a capital offence (r**e, murder, treason etc), it is a bailable offence.

The citizen arrived voluntarily at the Police Command with his lawyers and a possible surety. A surety is usually a fit and upstanding citizen who undertakes to produce the accused person on the demand of the Police. On this occasion, the Police were not prepared to be lenient. The citizen was locked up in Police custody. Later on, he was arraigned before the Magistrate Court on provisional charges. The Police requested for and obtained permission from the Court to detain the citizen for 48 hours until they concluded their investigations. This application was granted by the Court.

Thereafter, still in manacles, the home of the citizen was searched by the Police. According to news accounts, his wife's phone was seized by the Police. It appeared that the Police investigation had widened beyond the original incident complained of. Now, efforts were being made to extend the investigation to unearth anything that could be found to be incriminating evidence against the citizen.

The Police went back to the Magistrate Court to request for extension of time to continue their investigations. They applied for and obtained an additional 4 days to detain the citizen in their custody while they concluded their investigations. The citizen who voluntarily came forward as instructed by the Police, was now to spend 8 days in police custody.

Happily, he was finally granted police administrative bail last night.

Is that the end of the case? No it is not. The case file has been sent to the office of the Director of Public Prosecutions (DPP) who will now determine whether or not the offence(s) allegedly committed by the citizen, should be charged to Court.

While we all await the decision of the DPP, I wonder if justice has been served or not? Have we witnessed a Prosecution or a PERSECUTION?

What is the status of our Nigerian citizenship?

17/02/2023

Elementary principles of Law

17/02/2023

What is the duration of an interim Order of the Supreme Court obtained ex parte?

The simple answer is that the Order subsists until the hearing and determination of the Motion on Notice. Or until set aside by another Order of the same Court.

What is the duty of a party in a Suit that is before the Court?

Such a party is under an obligation to respect the jurisdiction of the Court by not doing anything to preempt or frustrate the ultimate decision of the Court. Court Orders MUST be respected and obeyed until set aside by the Court.

It is humbly submitted that these are basic principles of Law.

(Authorities are legion and may be supplied upon request).

The High Court of Lagos State (Civil Procedure) Rules 2019 have recently been promulgated. Under these new Rules, there ...
12/02/2019

The High Court of Lagos State (Civil Procedure) Rules 2019 have recently been promulgated.
Under these new Rules, there is a comprehensive Pre-Action Protocol which must be scrupulously observed before an action may be filed at the Lagos high court. In other words, the days of frivolous or speculative actions are over!

*Dissolution of Marriage.*1. Non-judicial Divorce, family arbitration: The divorce will often be initiated by a separati...
18/01/2019

*Dissolution of Marriage.*
1. Non-judicial Divorce, family arbitration: The divorce will often be initiated by a separation of the spouses. The dissolution can also be commenced by mutual consent. Such events will usually cause a meeting of the families involved who attempt to reconcile the couple. If the attempt by the family proves abortive, both families will accept the breakdown of the marriage and negotiations upon child custody and return or share of property that was brought to the matrimonial home or acquired during the marriage begins. A non-judicial divorce is only effected when the wife's father or guardian refunds the bride price to the former husband.
*Judicial Divorce*: When family arbitration fails, the spouses may resort to the court to obtain a divorce. Judicial dissolution has become increasingly common nowadays. The court will try to reconcile the parties but if this attempt fails, the court will declare the marriage dissolved. The bride price normally has to be returned but this is not a requirement for the valid termination of the marriage(Kasunmu and Salacuse 1966: 176-8).

Many of us go through tough times at some points in our lives. We get cheated, exploited, manhandled. This has led to so...
14/01/2019

Many of us go through tough times at some points in our lives. We get cheated, exploited, manhandled. This has led to so many people being hurt, depressed and violated and as a result has led to an increase in manslaughter and su***de. Talk to someone. Seek help legally. Have a lovely week!!

Happy New Year
10/01/2019

Happy New Year

Address

13, Sebanjo Street Papa Ajao Mushin
Lagos

Opening Hours

Monday 09:00 - 18:00
Tuesday 09:00 - 18:00
Wednesday 09:00 - 18:00
Thursday 09:00 - 18:00
Friday 09:00 - 18:00
Saturday 09:00 - 18:00

Telephone

08023278266

Website

Alerts

Be the first to know and let us send you an email when Ike Imo & Co. posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Ike Imo & Co.:

Shortcuts

Share

Category