Emerald Chambers Lagos

Emerald Chambers Lagos Emerald Chambers is a high-quality firm of Solicitors comprising a core of professionals functioning excellently in various areas of Law. L. A.

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A. ALI & ASSOCIATES CONSULTS is a high-quality firm of Solicitors comprising a core of professionals functioning excellently in various areas of Law. In addition to qualifying in law, firm members have degrees and qualifications in International Relations, History, Philosophy, Shipping and Aviation

The firm is active in the different fields of Banking, Shipping, Aviation, Fin

ance and Corporate Law. It also carries out instructions in branches as telecommunications and information technology, income tax, wills and employment. Firm members belong to the Nigerian and International Bars, Nigerian Institute of Safety Professionals, Maritime Arbitrators of Nigeria, Nigerian Chambers of Shipping, Chartered Institute of Logistics and Transport, Certified Institute of Shipping. Members are also very active in a number of Professional and Business Associations. ALI & ASSOCIATES CONSULTS is well positioned to afford several benefits to business interests needing our assistance.

16/08/2018

Quite excited to see that the Supreme Court has corrected itself on the blunder it made in the MV Araz’s case with respect to requirement for leave to serve a writ issued by the FHC in one state on a defendant resident in another state. SC now acknowledges that FHC has one nationwide jurisdiction and as such leave not required. Phew! That took quite a while!
The case is *Akeredolu v. Abraham (2018) LPELR-44067 (SC)* for those interested in checking it out

25/04/2018

YOU HAVE NO POWER TO REORDER ELECTION SEQUENCE, COURT TELLS NATIONAL ASSEMBLY.

A Federal High Court in Abuja on Wednesday told the National Assembly that it lacks power to dictate to the Independent National Election Commission (INEC) the sequence of elections, particularly the 2019 general election.

Justice Ahmed Mohammed also held that it was the sole responsibility of INEC to conduct, fix date and determine the sequence of elections in the country.

Delivering judgment in a suit challenging the electoral amendment bill 2018, the court held that the National Assembly clearly acted in breach of the principle of separation of power.

It held that Section 25 of the Electoral Act 2018, which is the section that contravenes the provisions of the constitution, “is hereby declared a nullity.”

Details Later …

25/04/2018

Supreme Court Upholds LPDC’s Direction, Strikes Off Emeka Ugwuonye’s Name From Roll Of Legal Practitioners

17/04/2018

EFCC IS NOT A DEBT RECOVERY AGENCY

BANK PLC v. H.R.H. EZE (DR) PETER OPARA & ORS (2018) LPELR-43907(SC)

"It is important for me to pause and say here that the powers conferred on the 3rd Respondent, i.e the EFCC to receive complaints and prevent and/or fight the commission of Financial Crimes in Nigeria pursuant to Section 6(b) of the EFCC Act (supra) does not extend to the investigation and/or resolution of disputes arising or resulting from simple contracts or civil transactions in this case. The EFCC has an inherent duty to scrutinize all complaints that it receives carefully, no matter how carefully crafted by the complaining party, and be bold enough to counsel such complainants to seek appropriate/lawful means to resolve their disputes.

What is even more disturbing in recent times is the way and manner the Police and some other security agencies, rather than focus squarely on their statutory functions of investigation, preventing and prosecuting crimes, allow themselves to be used by overzealous and/or unscrupulous characters for the recovery of debts arising from simple contracts, loans or purely civil transactions. Our security agencies, particularly the police, must know that the citizenry's confidence in them ought to first be ensured by the agencies themselves by jealously guarding the integrity of the uniform and powers conferred on them.

The beauty of salt is in its taste. Once salt loses its own taste, its value is irredeemably lost. I say this now and again, *our security agencies, particularly the police, are not debt recovery agencies.*

The agencies themselves need to first come to this realization, shun all entreaties in this regard and they will see confidence gradually restored in them. Where we are now in this country is that place where our "Men in black & blue" command almost no respect from the citizenry because of how low we have sunk.

However, it is my belief which believe and I must say I hold very dearly, that all hope is not lost. Many women and men of deep integrity are in our security agencies, and they only need to rise now to the occasion.

Per BAGE, J.S.C. (Pp. 18-30, Paras. B-B)

09/04/2018

The Supreme Court has made another beautiful ruling.

A process prepared and filed in Court by a Legal Practitioner must be signed by the Legal Practitioner and it is sufficient signature if the Legal Practitioner simply writes his own name over and above of his/or firm in which he carries out his practice.

In the instant case, on page 14 of the Applicant's written address, at the bottom of the page, the handwritten name, Ladi Williams, appeared above two names, Chief Ladi Rotimi Williams, SAN and Chris I. Eneje.

The grouse of the Respondents appeared to be that there was no mark beside either of the two names to identify which of them signed the process. However, the name Ladi Williams, though handwritten, was very clear and eligible.

The Respondents were not contending that Chief Ladi Rotimi Williams SAN is not the same person as Ladi Williams who signed the process or that the person who signed. the process is not a Legal Practitioner whose name is on the roll of Legal Practitioners entitled to practice Law in Nigeria.

The Court was satisfied that there was no doubt as to who signed the process and that he is a Legal Practitioner whose name is on the roll.

The omission to place a tick beside the name of Chief Ladi Rotimi Williams, SAN did not mislead the Respondents or the Court as to who signed the process, and such omission could not invalidate it. Therefore, the Applicant's written address filed on 16/11/2015 was competent.
See WILLIAMS V. ADOLD/STAMM INT'L (NIG) LTD.(2017)6 NWLR pt 1560 pg1 at 8 ratio 5 paras E-B.

02/03/2018

COURT OUTLAWS POST-UTME TESTS IN TERTIARY INSTITUTIONS.

A Federal High Court, Abuja has declared the Post- Unified Tertiary Matriculation Examination (Post-UTME) conducted by universities, polytechnics and colleges of education in Nigeria as illegal, saying there was no extant law authorising the exercise.

The court held that only the Joint Admissions and Matriculations Board (JAMB) could conduct matriculation examinations and give admissions into tertiary institutions by virtue of section 5 (1) (2) of the JAMB Act.

In the judgment, delivered in the suit filed by the Legal Defence and Assistance Project (LEDAP) against JAMB, the Minister of Education and the National Universities Commission (NUC), Justice John Tsoho held that the defendants have no power to allow or direct tertiary institutions to conduct further screening of candidates after they had taken the UTME.

The court further issued a perpetual injunction restraining all tertiary institutions in the country from conducting the Post-UTME or any other form of admission screening tests.

In opposing the suit, JAMB had argued that LEDAP had no locus standi to bring the action, but the court rejected the objection and held that a registered non-governmental organisation (NGO) or an activist lawyer is allowed by law to pursue in court, the right of the largely ignorant members of the society.

LEDAP had submitted that Section 5 (1) (2) of the JAMB Act provides that the body should conduct matriculation examinations for admissions into all tertiary institutions after the UTME.

Subsection (2) (3) provides: “JAMB shall be responsible for determining matriculation requirements and conducting examinations leading to undergraduate admissions and also for admission to National Diploma and the Nigerian Certificate in Education courses.”

The plaintiff had submitted that since 2005, tertiary institutions nationwide have been illegally conducting tests and screening candidates seeking admission in violation of section 5 (10) (2) of the JAMB Act.

The court agreed with the plaintiff and further held that the defendants have the responsibility to ensure compliance with the JAMB Act and that the imposition of the Post-UTME on candidates seeking admission was illegal and unlawful.

21/02/2018

Sifax (Nig.) Ltd. & 4 Ors. v. Migfo (Nig.) Ltd. & Anor.

The Supreme Court today, 16 February 2018, delivered Judgment on the above referred Appeal which should serve as a locus classicus on the application of statutes of limitation.

Background to the Appeal:

The 1st Appellant and the Respondents signed an MOU to jointly bid for the concession and joint management of Terminal “C”, Tin Can Island Port, Apapa, Lagos which was being concessioned by FG through the Bureau of Public Enterprises and the Nigerian Ports Authority. Part of the MOU was that if the bid was successful, the joint partners would incorporate a joint venture company to manage the operation of the Port. The bid was successful, but the 1st, 3rd and 4th Appellants secretly incorporated the 5th Appellant to the exclusion of the Respondents. When the Respondents became aware of the 5th Appellant, they conducted a search at the CAC and found that only the 1st and 3rdAppellants were shareholders and directors of the 5th Appellant. The Respondents filed an action against the Appellant at the Federal High Court, Lagos which was successful and was further upheld by the Court of Appeal. However, the Supreme Court found that the Federal High Court lacked jurisidcition to entertain the Suit. Thus, the Respondents filed another Suit at the Lagos State High Court. But the Appellants filed an application claiming that the Suit was statute barred, having been filed after the 6 years period provided for by the Limitation Law of Lagos State. The Court of Appeal disagreed with the Appellants and relied on a foreign book to hold that the time paused when the Federal High Court Suit was filed, hence this Appeal to the Supreme Court:

The Judgment:

According to the lead Judgment delivered by Amina Augie, JSC the cause of action arose when the search was conducted at the CAC and it was discovered that the 5th Appellant had been secretly incorporated and the Respondents were not tardy in bringing the action at the Federal High Court within the 6 years period provided by the Limitation Law of Lagos State. The Court then held that in view of the fact that the Federal High Court Suit was not statute barred, the Suit at the Lagos State High Court cannot be statute barred because time was frozen or suspended immediately the Federal High Court Suit was filed, although the Supreme Court found the Court to have lacked jurisdiction to entertain the Suit. The Court was of the view that though the Suit was struck out, it remained on the General Cause List of the Court. Thus, the decision of the Court of Appeal was allowed and the Appeal was dismissed.

16/02/2018

Hear what the Court of Appeal had to say on estimated billings by PHCN in the case of BASSEY V PHCN (2012) ALL FWLR (PT 613) 2029 G-C.

The justification PHCN can have to demand payment on bills sent is where there is proper service delivery or actual reading of electricity consumed. It will amount to EXTORTION for PHCN to prepare bills base on estimated consumption and expect such bills to be settled by consumers when they have not enjoyed their services by providing uninterrupted power supply

The time has come for the National Assembly to enact a law making it mandatory for PHCN to install prepaid meters so that consumers can pay for the actual electricity they use instead of the present unsatisfactory arrangement of billing by estimate.

03/02/2018

Robbers entered into a house, asks for all the money and valuables.

After they collect what they can, they give the man of the house a gun with instructions to shoot his wife or else he be shot himself.

The man gets the gun, points it at his wife and hesitates.

He is thinking of what he has gone through in life with his wife and how she has suffered and sacrificed for him.
He hands back the gun and says, “I am sorry I can’t do this…

“The boss of the robbers silently grabs the gun from him and passes it on to the wife with the same instruction.

The wife gets the gun and without any single hesitation points to her husband’s head and pulls the trigger.

But alas, the gun had no bullets in it. The robbers get their gun
and walk out of the house laughing.

QUESTIONS FOR DISCUSSION

1. If you were the man in that house how would you react towards your
wife?

2. If you were the wife, what explanation can you give to your
husband!

3. If you were invited to bring peace between this couple, what advice
would you give?

Drop your Comments & this should really be an interesting topic to discuss as counsellors.

24/01/2018

NOTABLE 2016 DIVORCE CASE:

JUSTICE THERESA UZOKWE (ABIA STATE CHIEF JUSTICE) v. DR. AFAM UZOKWE: An interesting case where the court ruled against its own

This is an interesting divorce petition where Dr Afam Uzokwe, a medical doctor asked the court to dissolve the marriage between him and Hon Justice Theresa Uzokwe (the current Chief Judge of Abia State).

The brief fact of the case was that Dr Uzokwe and Justice Uzokwe got married on the 19th March, 1987 at the Holy Ghost Cathedral, Ogui Enugu. The couple thereafter lived together and cohabited at various addresses in Aba, Abia State, their last place of abode prior to the filing of the petition for divorce by Dr Uzokwe, was at No. 1 Kings Park Avenue, Abayi, Aba. The couple was blessed with three children: two boys and one girl. The marital relationship between the couple had turned sour, hence Dr Uzokwe filed divorce petition in order to part ways, with Justice Uzokwe on the ground that her acts of cruelty was endangering his life
According to the testimony of the petitioner, Dr Uzokwe, she (Justice Uzokwe) was uncontrollable. She would leave the house at will and stayed as long as she wished. In 1999, she was to travel outside the country, but never told him (her husband) until a day to her departure. She did not tell him where she was travelling to.

Eventually, she travelled and stayed for 3 months. She was travelling for conferences and coming back days after the conference had ended.

Her behaviour kept his sisters and parents away from his house for over twenty years. It was only his father who would come once in a while she was weird and wherever she went people made nasty comments about her. She is aggressive.

She indoctrinated the children of the marriage against him, the petitioner. She would not allow his mother cook in the kitchen and she engaged in verbal abuse against her. She called his mother all sorts of name: witch. She connived with the A. C. Of Police in Aba, Mr. Gwadebe, and he was arrested in his hospital on 15/01/2003 and locked up in police cell, in Umuabakwa and Umuahia for three days.

He claims that these acts of cruelty from the wife is endangering his life.

Justice Uzokwe filed her answer/reply to the petition and the petition proceeded to hearing.

Dr Uzokwe gave evidence for himself and tendered into evidence, some documentary exhibits.

Justice Uzokwe did not offer parole evidence, however ten (10) witnesses testified for and on her behalf. Some documentary exhibits were admitted into evidence, at the instance of Justice Uzokwe.

Learned counsel to the parties at the trial, filed and exchanged written addresses. The learned trial judge Hon Justice Obande Ogbuinya of Ebonyi State High Court (as he then was) at the end, entered judgment for the Dr Uzokwe and dissolved the marriage between the parties on the ground of cruelty.

Justice Uzokwe appealed unsuccessfully to the court of Appeal.

One interesting aspect of the Appeal is the Justice Uzokwe’s counsel, Chief (Mrs.) A. N. Muoma, SAN attacked the Learned trial Judge, Justice Ogbuinya Personally in his appellate brief and claimed that “instead of the learned trial judge being preoccupied with writing a good judgment, he was engaged in an unnecessary voyage of grammatical bombast and flowery verbosity, hence losing focus in the determination of the issues in the case”. She further described the judgement of the Justice Ogbuinya as “wicked”.

The court of appeal held that such attack on the personality of a trial judge by a counsel can be rightly regarded as professional misconduct. v. Dr Afam Uzokwe: An interesting case where the court ruled against its own

This is an interesting divorce petition where Dr Afam Uzokwe, a medical doctor asked the court to dissolve the marriage between him and Hon Justice Theresa Uzokwe (the current Chief Judge of Abia State).

The brief fact of the case was that Dr Uzokwe and Justice Uzokwe got married on the 19th March, 1987 at the Holy Ghost Cathedral, Ogui Enugu. The couple thereafter lived together and cohabited at various addresses in Aba, Abia State, their last place of abode prior to the filing of the petition for divorce by Dr Uzokwe, was at No. 1 Kings Park Avenue, Abayi, Aba. The couple was blessed with three children: two boys and one girl. The marital relationship between the couple had turned sour, hence Dr Uzokwe filed divorce petition in order to part ways, with Justice Uzokwe on the ground that her acts of cruelty was endangering his life
According to the testimony of the petitioner, Dr Uzokwe, she (Justice Uzokwe) was uncontrollable. She would leave the house at will and stayed as long as she wished. In 1999, she was to travel outside the country, but never told him (her husband) until a day to her departure. She did not tell him where she was travelling to.

Eventually, she travelled and stayed for 3 months. She was travelling for conferences and coming back days after the conference had ended.

Her behaviour kept his sisters and parents away from his house for over twenty years. It was only his father who would come once in a while she was weird and wherever she went people made nasty comments about her. She is aggressive.

She indoctrinated the children of the marriage against him, the petitioner. She would not allow his mother cook in the kitchen and she engaged in verbal abuse against her. She called his mother all sorts of name: witch. She connived with the A. C. Of Police in Aba, Mr. Gwadebe, and he was arrested in his hospital on 15/01/2003 and locked up in police cell, in Umuabakwa and Umuahia for three days.

He claims that these acts of cruelty from the wife is endangering his life.

Justice Uzokwe filed her answer/reply to the petition and the petition proceeded to hearing.

Dr Uzokwe gave evidence for himself and tendered into evidence, some documentary exhibits.

Justice Uzokwe did not offer parole evidence, however ten (10) witnesses testified for and on her behalf. Some documentary exhibits were admitted into evidence, at the instance of Justice Uzokwe.

Learned counsel to the parties at the trial, filed and exchanged written addresses. The learned trial judge Hon Justice Obande Ogbuinya of Ebonyi State High Court (as he then was) at the end, entered judgment for the Dr Uzokwe and dissolved the marriage between the parties on the ground of cruelty.

Justice Uzokwe appealed unsuccessfully to the court of Appeal.

One interesting aspect of the Appeal is the Justice Uzokwe’s counsel, Chief (Mrs.) A. N. Muoma, SAN attacked the Learned trial Judge, Justice Ogbuinya Personally in his appellate brief and claimed that “instead of the learned trial judge being preoccupied with writing a good judgment, he was engaged in an unnecessary voyage of grammatical bombast and flowery verbosity, hence losing focus in the determination of the issues in the case”. She further described the judgement of the Justice Ogbuinya as “wicked”.

The court of appeal held that such attack on the personality of a trial judge by a counsel can be rightly regarded as professional misconduct.

19/01/2018

STRIPPED!!!: IT’S TIME TO REASSESS THE STANDARDS FOR CONFERRING SAN

The stripping of the rank of Senior Advocate of Nigeria (SAN), presumably reserved for exemplary scholarship and distinction in the legal profession, from Mr. Kunle Ogunba, by the Legal Practitioners’ Privileges Committee (LPPC), is a metaphor of sorts, for the state of our judiciary. There is no gainsaying that our judicial system is in a sorry state, particularly the Criminal Justice System, no thanks to some members of that privileged class, who use their privilege as a pedestal to abuse the rule of law.

According to a statement credited to the Chief Registrar of the Supreme Court and secretary of LPPC, Mrs Hadizatu Mustapha, the decision to strip Mr. Kunle Ogunba of the privilege stems from a petition filed by Honeywell Group. The group accused Mr Ogunba of professional misconduct, for filing multiplicity of cases before different courts, on the same subject matter, with the aim of abusing the due process of court.

After examining the allegation, the committee found it meritorious and accordingly stripped Ogunba of the rank of SAN.

The fate of Mr Ogunba should serve as a warning to other SANs and lawyers generally.

While there are principled and decent SANs, quite a number of them appear to have joined forces with the corrupt elements that have foresworn to bring the country to its knees. That ignominious group sees legal practice as an opportunity to ride roughshod over the legal system, such that once they gain a brief to defend a criminal matter, they do whatever comes to their fancy, to circumvent a proper trial.

These SANs see their briefs as an end in itself, forgetting that once called to The Bar, a lawyer is first and foremost an officer of the Court, who should ensure the integrity of the Legal System. The ignominious roles of such SAN's make many wonder whether in conferring that privilege, a beneficiary should not be worthy in character and learning. Many of this class of SAN's support election riggers and corrupt politicians, using the Courts and they give the impression that the LPPC, in choosing beneficiaries, did not do a thorough job.

Again, because of the poor performance of this class of misfits conferred with the rank of SAN, many have begun to question the criteria for gaining that privilege.

Indeed, not long ago, there was a battle amongst members of the legal profession over the fairness of the LPPC in making their choices.

Many view the rank as a club for children of the top members of the profession, while some impute corrupt practices and unfair standards in the selection process.

These accusations are not without merit, considering the performance of some children of the big names in the profession conferred with the rank, apparently because of their forbearers.

The statement from the Registrar also withdrew the nomination of Oluwatoyin Ajoke Bashorun for the conferment of the rank of SAN, for conducting herself in a manner prejudicial to some provisions of the guidelines for the conferment of the rank.

While the committee is entitled to stop the process as it did, we wonder whether the apparent lack of detailed investigation, that allowed the nomination in the first place, is a confirmation of the absence of rigorous standard in choosing those who gain that special privilege.

There is also the complaint, that many lawyers in their determination to gain the number of appearances at the Court of Appeal and the Supreme Court, file frivolous applications, all the way. Perhaps it is time for the LPPC to reassess the standards, to ensure that beneficiaries are persons found worthy in character and learning.

God bless The Nigerian Legal Profession.
God bless The Federal Republic of Nigeria.

18/01/2018

EXPIRED TENANCY ? DON'T ISSUE A NOTICE TO QUIT.

Most Lawyers inadvertently issue Notices to quit even after the tenancy has been determined by effluxion of time.

Emeka, my friend, is a yearly tenant. His last payment of rent for one year was made on the 2nd of January, 2016. His rent expired on the 1st of January, 2017. However, he still resides in the rented apartment and wouldn’t leave because his landlord has not served him with a Notice to quit. He poses as someone who knows his right and as such believes that he cannot be evicted from the apartment without first getting a 6 months’ notice from his landlord.

DETERMINATION OF TENANCY

A tenancy is determined by the effluxion of time: where the period for which rent was paid has elapsed. For instance, Mr. Ako rents a duplex from Mr. Otuk for one year; from 1st January, 2016 to 31st December, 2016. At the expiration of the said one year, the tenancy is determined. Hence, from 1st January, 2017, the tenancy is deemed expired/determined.
By Service of the proper notices: where the tenancy is still subsisting, and the Landlord is not minded towards renewal or further renewal (for renewed tenancy), the Landlord
WHEN IS A NOTICE TO QUIT NECESSARY?

Service of a notice to quit is not always a condition precedent for recovery of premises. A notice to quit is ONLY necessary for the determination of a tenancy, where the tenancy has not been determined.

WHEN IS A NOTICE TO QUIT IRRELEVANT?

Where a tenant is in arears of rent for a specific period provided by statute, a Notice to quit becomes irrelevant.
Once the tenancy has been determined by effluxion of time, a Notice to quit becomes irrelevant. Thus, from the day the tenancy expires by effluxion of time, the landlord is NOT under any obligation whatsoever to issue the tenant a notice to quit. The Landlord is only required to serve the statutory 7 days notice of his intention to recover possession on the tenant. See the case of SPLINTERS (NIG.) LTD V. OASIS FINANCE LTD (2013) 18 N.W.L.R. (PT. 1385) 188 AT 220, where the Court of Appeal per IYIZOBA, J.C.A. held thus:
“I have carefully considered the submissions of counsel, in the case of IHEANACHO V. UZOCHUKWU (1997) 2 N.W.L.R. (PT. 487) 257 AT 268-270, H-A, the Supreme Court set out the procedure for recovery of premises as follows:

“A landlord desiring to recover possession of premises let to his tenant shall:

a) Firstly, UNLESS THE TENANCY HAS EXPIRED, determine the tenancy by service on the tenant an appropriate notice to quit.

b) On the determination of the tenancy, he shall serve the tenant with the statutory 7 days notice of intention to apply to court to recover possession of the premises.

c) Thereafter, he shall file his action in court and may only proceed to recover possession of the premises according to law in terms of the judgment of the court in the action.”

See also AYINKE STORES LTD V. ADEBOGUN (2008) 10 NWLR (PT. 1096)612. As clearly set out in IHEANACHO V. UZOCHUKWU(Supra), it is only when the tenancy has not expired that there will be need to determine same by notice to quit. It is obvious that if at the time the landlord seeks to recover his premises, the tenancy had already expired, it is reasonable to assume that there will be no need for a quit notice. All the Landlord would be required to serve on the tenant would be the statutory 7 days notice of intention to apply to court to recover possession of the premises. … the learned trial judge clearly erred in holding that services of C1P and C1Q are superfluous, more especially, in the case of notice to tenant of owner’s intention to recover possession generally known as 7 days notice. That particular notice must in all cases be served. It is only the quit notice that may be dispensed with when the tenancy has validly expired by effluxion of time.”

From the forgoing, it is vivid that once the tenancy has expired, a Landlord does not need to serve the tenant with a notice to quit. All that is required is service of the 7days notice on the tenant. Note that a landlord does not have to wait for months before serving this notice. Like my friend whose tenancy expired on 2nd January, 2017, it is legal to serve him with a 7days notice [truncated by WhatsApp]

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