A wrong has been committed. The aggrieved party
seeks redress in court and then gets a verdict. The
damages are subsequently awarded in his favour
against the defendants which could be natural
persons or juristic persons/legal institutions. The
difficult challenge is getting the money from the
bank for damages awarded against institutions let's
say the police. Most often when the accounts are
garnished and the banks are asked to show cause,
their response is to the effect that either the
money belonging to the said institution is
completely in reds or grossly insufficient to satisfy
the judgment sum. In reality these averments as
to financial states are lies, when you are privileged
to liase with an "insider" who works in the bank you
will be told the truth as opposed to what the
lengthy paragraphs of the counter affidavits are
saying!
How do you beat this logjam? How do you get the
judgment sum in the face of the highlighted
difficulties? What are the strategies?
Monday, 7 September 2015
Recovery of damages awarded
Sunday, 6 September 2015
Yet another victory for Women in the fight for gender equality
A FEMALE CHILD HAS RIGHT TO INHERIT
FATHER’S PROPERTY IN IGBOLAND
— SUPREME COURT
, 10th July, 2015
The Supreme Court has voided the Igbo law and custom, which forbid a female from inheriting her
late father’s estate, on the grounds that it is discriminatory and conflicts with the provision of the constitution.
The court held that the practice conflicted with sections 42(1)(a) and (2) of the 1999 Constitution.
The judgment was on the appeal marked:
SC.224/2004 filed by Mrs. Lois Chituru Ukeje, wife of the late Lazarus Ogbonna Ukeje, and their son,
Enyinnaya Lazarus Ukeje against Mrs. Cladys Ada Ukeje, the deceased’s daughter.
Cladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of
the deceased’s children and sought to be included among those to administer their deceased’s
father’s estate.
The trial court found that she was a daughter to the deceased and that she was qualified to benefit
from the estate of their father who died intestate in Lagos in 1981.
The Court of Appeal, Lagos to which Mrs. Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision
of the trail court, prompting them to appeal to the Supreme Court.
In its judgment last Friday, the Supreme Court held that the Court of Appeal, Lagos was right to
have voided the Igbo native law and custom that disinherit female children.
Justice Bode Rhodes-Vivour, who read the lead judgment, held that:
"no matter the circumstances of the birth of a female child,such a child is entitled to an inheritance from her late father’s estate.
Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is a
breach of Sections 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.
The said discriminatory customary law is void as it conflicts with Sections 42(1) and (2) of the Constitution. In the light of all that I have been
saying, the appeal is dismissed. In the spirit of reconciliation, parties to bear their own costs,”
Justice Rhodes-Vivour said.
Justices Walter Samuel Nkanu Onnoghen, Claral Bata Ogunbiyi, Kumai Bayang Aka’ahs and John
Inyang Okoro, who were part of the panel that heard the appeal, agreed with the lead judgment.
—credit: CHILD RIGHTS AWARENESS CREATION
ORGANISATION
Friday, 10 July 2015
SANship. To be or not to be?
Come this new legal year some Legal Practitioners would be elevated to the inner bar as SAN. These set of successful lawyers will wear the silk and enjoy the privileges that goes with the rank.
In recent years the number of successful applicants have increased. As the number of applicants swelled so are the controversy and disgust that trails the award each time the name of successful applicants are made known to the Public.
The complaints are rooted in protest over the caliber of persons elevated.
A SAN whether coming from Private Practice, Public practice for those in Ministry of Justice and Government Agencies and The Academia is seen as a thorough bred counsel whose skills is above that of his peers. He is meant to be sound in law and must be a person of integrity. He is in the public eye seen as a man of immense importance and status. Whenever he lends his imprimatur to any task, you are not supposed to be in doubt that this is a Learned SAN. He is meant to be excellence personified!
Is this what is obtainable today? I answer with regrets in the negative. These days it has become a cabal thing, the "man know man", you see Lawyers whose practice credentials are suspect and bereft of integrity taking silks. To some it is just a title to show off. A SAN is meant to take his practice to the next level and remain in practice for the younger lawyers to tap from his wisdom. However it is no longer case most after being elevated save for few cases of ailment and old age, sink into oblivion. They do not go to court again nor mentor any other advocate! His Silk status becomes a chieftaincy title for him.
Of recent I am no longer excited with the SANship awards. I believe a Lawyer with skills has it whether elevated or not, clients root for competent advocates regardless of your title. They opt for lawyers who can deliver there are lawyers who are not SAN but because of their skill which is appreciated do more complicated cases than some Silks.
So does this SANship matter? Is it really discriminatory? Should it be scrapped? Do clients place importance on title as opposed to skill to brief a lawyer? How best is it to make the silk status revered as it used to be?
Let's brainstorm!
-Jose Mourinho Ifeanyi Agwuncha
Monday, 22 June 2015
The Nigerian university educational system and its problems and possible solutions.
The aim of this hangout is totally based on creating public awareness on the aforementioned issue and create a platform where people express themselves and share ideas with regards to the issue in question.
After highlighting a particular defect, it is required that the individual proffers a probable solution to that problem with logical and practical guides towards attaining that.
Event page YouTube page
Tuesday, 2 June 2015
3rd Edition of Sir B.E.I. Nwofor (SAN) Inter-Universities Moot Court Competion
Nnamdi Azikiwe university, Awka, Anambra state.
We participated in the preliminary rounds in which we emerged first by beating Ebonyi State University after which we proceeded to the finals together alongside UNIZIK and UNIBEN. At the finals, we demonstrated our oratorical prowess and earned the praise of the sponsor of the competition Sir BEI NWOFOR. He eulogised us for the advocacy skills and great knowledge of the law as demonstrated by our counsel.
Unfortunately or fortunately, we emerged 3rd in the finals with UNIBEN emerging 1st and UNIZIK, 2nd.
At this juncture, we wish to offer our profound thanks to the faculty of law, UNIZIK for their warm hospitality and great treatment we received from them in this competition. God willing, we are certainly going to be back for the competition next year. I tell you, if you ask anyone who witnessed the event, they will tell you "ESUT WAS HERE!"
Kene Nnadi,
Faculty of Law, ESUT
