Thursday, 16 June 2016

MY FIRST MOOT COURT EXPERIENCE




I was dressed in black shoes, ash trouser, white shirt, ash jacket and a touch of my black blazer thinking I was going to murder the respondents counsel having, a night before written my argument down logically and serially as to how I will present it. The case bothered on law of tort.

I could not sleep all night feeling uneasy as well as excited that I have come to that point when my voice will no longer be heard by my class but by the faculty as a whole. I embarked on searching for judicial punchlines of which I found some and the most interesting was " it is sheer effrontery and vacuous bravado by the....." as was said by olagunju JCA in Achebe vs Nwosu. In fact, this was on of my most expected moments in law faculty.

Prior to the day of the mooting, the class put to vote as to who will represent and I was selected and that's when the sweet dreams and beautiful nightmares started. Three others were also selected and they were all my friends and people with high intellectual proclivity; Ochu Peter, Maduabueke Chidinma Amara , Kene Nnadi . Having this group of persons bothered by my left and right made me confident but anxious, courageous but weak, firm but unstable and.......

I was gingered by the presence of awards such as best counsel, best brief of argument and best dressed and also by the presence of my colleagues who are reckoned intelligible experts in advocacy and learning, and legal artists who can draw the law without an eraser.

Three hours to the most anticipated competition, I was already ready and armed with my well equipped legal arsenal ready to fire left, right, north and center, in fact, I was wallowing in the ignorance of the fact that mooting is a simple task and therefore,i was going to do my thing without much.......anyway, few minutes to the time for the matter to be called up, we were informed that it was canceled, I was happy but sad; wasted nights, wasted anxiety, wasted anticipation etc, but it wasn't canceled again.

I sat at the bar, and took a sharp turn to my left, right and behind and found out that there was a crowd, mainly the year one students, and also, some enemies who could not but wait to see me stutter and fail, I lost courage first, then boldness followed some couple of minutes later. I was practically fidgeting as though I was nokia 3310 receiving an incoming call for he who owns me. A night before I had visited the white house twice as a result of mind upset and the same phase was on the verge of reoccurring(damnit, no white house in the moot court) ,but I packaged myself anyway(like I had a choice not to).

The judge came in looking bright but dreaded, calm but impatient, and the nut in my belly seemed to swell, my heart beat was at 300 beats per second(how possible) and I tried not to look at him and wondered "JOHN, I thought of you as a bold, courageous and fearless person,what happened?"

However, we started, and Kene Nnadi fondly called 'Oputa' after the former justice of the supreme Chukwudifu Oputa took the mantle of leadership and in his usual manner, displayed and showcased the reason behind his 'Oputa' name, his erudition and elocution was awesome, and I must confess, I dream to speak like that and even better sooner than later. He thrashed out the issue he was assigned to handle impeccably.

Maduabueke Chidinma was next, she was the last born of the class as she was young and small in size and description. She did well with little errors as was expected, but she consumed the time allocated for the both of us together alone, and it made my own task more herculean than I conceived it to be because I had to cut short my argument so that Ochu Peter could handle rebuttals.

Finally, it was my turn, and I stood up, greeted the court and then, everything in my head went into a coma, I could barely remember anything, and I proceeded to say anything in my mind, I was bitting round and about the bush, and within me I knew I had messed up, and my dream of any award was gone, and my enemies will finally laugh, and the junior students will be disappointed, more especially, those who elected me to advocate will be disappointed. In fact, when I was done, I bent my head down the table and never wanted to raise it again. Rounds of laughter waas just what was happening behind me as I thought, and I kept asking my colleagues if I did well and they were silent and I knew the shit just got real, they were disappointed as well, who didn't I disappoint that day? NO ONE.

Anyway, I took solace in the fact that it was my first and I was bound to mess up which I did not hesitate to do gallantly and valiantly ,i faked smiles but laughed sincerely at the realization that it isn't as easy as I supposed.

In conclusion, we lost the case, and we received no awards. When the judge gave his judgment, even before he finished, we knew we had lost.......

I can't write everything that happened that day,but at least,i have shared a little of my bore with you, enjoy.
 
-Okolie-Akirika John

Tuesday, 31 May 2016

The Barr. Samuel Osamolu National Inter-University Moot and Mock Trial Competition

The Faculty of Law, Enugu State University of Science and Technology, well represented by counsel in the picture attached hererin , Participated and emerged the overall best winner in The Barr. Samuel Osamolu National Inter-University Moot and Mock Trial Competition which was held in Unilorin between the 18th and 20th of May, 2016.
In addition, we also won the award for best counsel in the competition.
In the moot stage, we were up against the radiant counsel representing Ekiti State University (in the first court) and the dogged representatives of Lagos State University ( in the second court). We proceeded to the finals with the highest score in the moot case while LASU did same with the second highest score.
In the mock stage ( Finals ), we went head to head against the prestigious Lagos State University in the criminal trial. After a war of wits, strategy, and law, we eventually emerged winners of the trial.
We give God the glory and can proudly say that indeed, ESUT made her mark in UNILORIN and, needless to say, we had fun!






The 2nd Edition of The Barr. Funsho Lawal National Essay Competition.

Received an award for my essay on "Unveiling The Administration of Criminal Justice Act. Plea - bargaining as an Inroad to restorative Justice in Nigeria " which was the 4th overall best essay at The 2nd Edition of The Barr. Funsho Lawal National Essay Competition.
We bless the lord!
Event : CLASFON UNILORIN Dinner/Award Night
Date : 21st May, 2016

Thursday, 10 September 2015

Celebrating our first class law graduate

Can I have your attention please?

I want to tell you about one man.

His name is Gabriel Doc Nwodo. In the Faculty of Law, ESUT, some call him brainbox , lord of law, lord denning, obilade, Ben Nwabueze, and names of most of the greatest legal scholars that have every lived!

Yes! He deserves all the praise and adoration because he has proven to be one man who not only knows the law, but knows it very well.

When I entered the faculty in first year, I asked around with regards to who the academic giants were and all fingers were pointed towards his direction! I just had to associate myself with him and I thank God I did because the man Gab has been both a mentor, guardian and friend J

 He is very well known for his oratory prowess, excellent command of English and a master in the moot court as I can still vividly recall the time we went for a moot court competition at the Nnamdi Azikiwe University Awka. The organizer, Sir B.E.I Nwofor SAN, after the competition remarked that he spoke like someone that has been in the bar for more than 10 years!

He is a man that has proven himself to be one of the most principled men I have ever met in my life.

Today, the man am telling you about was AWARDED FIRST CLASS HONORS DEGREE IN LAW BY THE BOARD OF THE FACULTY OF LAW, ENUGU STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY ENUGU.

He is the second person and the first guy to be ever awarded a First Class Honors by the Faculty of Law
ESUT since it's inception!

This is a great feat worthy of celebration and even the devil will testify that he deserves it!

Gab, you are a source of inspiration and a motivation to those of us in the faculty and we’ll do our best to live up to the standard which you have set in the Faculty.

Please, without much ado, let us celebrate Gabriel Doc Nwodo!!!

Monday, 7 September 2015

All lawyers and prospective lawyers should read this

I am amazed when I see lawyers quarrel in court.
You have been briefed and paid professional fees,
you have a good reason to defend the cause of
your client, I agree. However in doing that always
bear in mind that with respect to clients, they
match the proverbial "soldier go soldier come,
barrack still dey". The case is for the client.
Lawyers are colleagues your adversary may be on
same side with you in a different case.
You will understand the thick skin nature of these
clients you are ready to die for when you fall sick
or pass on, they will quickly come to carry their
files and brief another lawyer. They won't even
pity you or ask after your family, to them they
are doing you a "favour" with the fees they paid
you. I have seen this fate befall some lawyers!
So my dear colleague before you lose your artery
for that your client just know a lawyer next door is
waiting should any misfortune hit you! Stop
creating unnecessary enmity with your colleagues,
no client deserves that!

Recovery of damages awarded

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?

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