NWOKO & CO.

20/05/2024

Till tomorrow, I still choose law over anything

10/05/2024

Litigation my passion

11/07/2023

GOVERNORSHIP ELECTION PETITION TRIBUNAL
Akwa Ibom State

Pictures of Lawyers involved in the election petitions in 2023.

11/07/2023

11/07/2023

Uwemedimo Nwoko SAN, the Principal Partner, Utibe Nwoko Esq, Head of Chambers and Ekom Nwoko Esq, Head of Administration and Research at the election Petition, Uyo, Akwa Ibom State.

11/07/2023

Only God has been our help from 1992 till now.

06/12/2022

PRIVATE LEGAL PRACTITIONERS OR CITIZENS CAN PROSECUTE WITHOUT THE AUTHORITY OR FIAT OF ATTORNEY GENERAL - SUPREME COURT OF NIGERIA

The Supreme Court of Nigeria has drastically changed the long held position of the law that it is only the Attorney General of the State that can prosecute or authorized the prosecution of criminal complaints in the Courts. According to the Apex Court, the provision of the Administration of Criminal Justice Law (ACJL) giving powers to private legal practitioners or private citizens to prosecute without the authority of the Attorney General of the State is not in conflict with Section 211 of the Constitution of the Federal Republic of Nigeria 1999 ( As Amended) that vest exclusive powers on the Attorney General to prosecute or authorize prosecution by fiat.

This new position of the law and very interesting development in our jurisprudence is clearly captured in the recent decision in the case of RAPHAEL OBIJIAKU V CHIEF JOE OBIJIAKU & 2 ORS (2022) 17 NWLR (PT. 1857) 377 at 405 Paras E- F, where Aboki JSC held,

"A private legal practitioner or indeed a private citizen, has the indisputable right, under section301(1) of the Anambra State Administration of Criminal Justice Law, 2010, to lay a complaint and prosecute same, without the fiat of the Attorney General of the State"

Can you see the new development and position of the law ?

IN THE YEAR 2018 THE SUPREME COURT HAD AGAIN STATED THAT THE LAW IS DYNAMIC

Hon. Justice Amina Augie JSC in the case of OIL AND GAS EXPORT FREE ZONE AUTHORITY V DR. T.C. OSANAKPO, SAN in a Judgement delivered on the 14th day of December 2018 had held thus:

"The Law is not static, rather it is dynamic and adapts to issues as they come along in various cases that pass through the courts of law"

Also In NEPA v AUWAL (2011)5 NWLR (PT. 1241) 571, the Court held,

"The law is dynamic and changes are made on daily basis to accommodate the realities of the modern society"

The role of lawmakers is to make laws that are in tandem with the modern society and emerging realities.

MY CONCERN

If you are social media influencer, journalist, social and/or political commentator or even if you have diarrhea of the mouth, pen, key board or key pad, know that any person you defame in the course of your work has the right to personally or through a private legal practitioner to commence a criminal complaint against you without waiting for the fiat or authority of the Attorney General of the State which sometimes do not come or come late after the tempo must have died down.

Defamation attracts both criminal and civil action. The injured person can decide to opt for any one or go for the two against you.

Get this knowledge and have peace in this Christmas Season.

Ekom Nwoko, Esq

10/11/2022

17/10/2022

Akwa Ibom State Judiciary opening of the New Legal Year 2022/2023. We are more

09/09/2022

DENIAL OR REFUSAL OF S*X IN MARRIAGE IS GROUND FOR DIVORCED - COURT OF APPEAL

The is that where a partner in marriage especially Christian marriage of one wife denies the other partner s*x for a long time, it is a ground for divorce. This is the decision of the Court of Appeal in the case of MRS. OLANREWAJU TOSIN ADESHOLA V. MR. OLANREWAJU STEPHEN OLADIPO (2022) ALL FWLR (Pt.1136) 647 at 672-673 para H - F, where Onyemenam JCA held applausely,

"To succeed therefore, the petitioner is enjoined to mention or plead the specific behavior complained of and supply the particulars of such behavior. As has been considered above, the respondent pleaded, supplied facts and gave evidence to prove that it is solely the appellant that determines when they will have s*x in the union and that since after December 2015 she has denied him s*x. The history of the union is that it is a Christian marriage which only allows one wife. Also, s*x outside marriage is a sin and so not permitted.

Again from the records the respondent who was born in 1975 is about 45 years old this year 2020 and 42 years of age in the year 2017 when the petition was filed. The question is will it be reasonable to expect the respondent to continue to live his life without s*xual in*******se? Would be respondent be able to manage and or cope with the s*xless marriage which from his unchallenged evidence has already led to his practice of ma********on?

The life of the respondent as a young man without s*x in his marriage will definitely graduate from ma********on to adultery and perhaps having children outside wedlock thereby complicating the lives of all involved. For the respondent to continue to live with the appellant without s*xual in*******se would be unreasonable as that is virtually not practicable with a young man with his biological constitution.

I therefore agree with the learned trial judge that the appellant’s behaviour of willful and consistent denial of the respondent of s*x since after December 2015 is such that this court holds unreasonable to expect the respondent to put up with in his marriage"

Thank God is Friday, couple amend your ways this weekend and align with the position of the law in marriage.

Happy weekend my people.

Ekom Nwoko