Wednesday, 11 December 2013

LAWYER OF THE WEEK: OKEY WALI, SAN

OKEY WALI, SAN was born on October 29, 1958 in Rumualogu, Akpor in Obio/Akpor Local Government Area of Rivers State. He began his primary education at the Port Harcourt Township School and completed it at St. Paul’s Primary School Diobu, Port Harcourt.



After obtaining his First School Leaving Certificate in 1973, he enrolled in Government Comprehensive Secondary School, Borikiri, Port Harcourt.

He also attended Baptist High School, Port Harcourt where he obtained his West African School Certificate in 1978. Upon completion of his secondary education, which he topped with the Higher School Certificate obtained in 1980. Okey Wali travelled abroad to attend the prestigious University of Buckingham, United Kingdom and graduated with Bachelor of Law (Hons) degree in 1983.

He returned home for the mandatory one-year vocational training at the Nigerian Law School, in Lagos, where he added Barrister at Law in l984 Certificate to his academic acquisitions.

Wali, a bencher, served as the Secretary of Port Harcourt branch of the NBA in 1992. He became the Chairman of the branch in 1998. He also served as the Attorney-General and Commissioner for Justice in Rivers State. He is now the 26th president of the Nigeria Bar Association.

SUMMARY JUDGEMENTS IN NIGERIA

A summary judgement is the one entered in favour of the plaintiff or claimant summarily without going through a full trial that is hearing of evidence and written address by counsel. The judgement is based on the writ of summons, the statement of claim and sometimes statement of defence. In some circumstances there may be no pleadings, but just an affidavit by the plaintiff and a counter affidavit by the defendant.
The Judge may on application of the Plaintiff or Claimant at the pre-trial conference or at any other stage of the proceedings give a judgment and such judgment becomes final judgment and can only be set aside on appeal. This is because such judgment is given on the merit for want of defence by the Defendant. Summary judgment is resorted to in circumstances where it is obvious or at least, it appears to the Plaintiff that the Defendant has no defence to the action. This is the distinguishing factor between summary judgment and default judgment which can be set aside by the same court that gave the judgment because it was given in default not necessarily for want of defence. Default judgment applies where the Defendant has failed, neglected and or refused to either enter appearance or file his defence.
There are various types of summary judgments under the rules of Nigerian courts. There is summary judgment based on admission of facts, summary judgment on application of accounts, summary judgment under Order 11 of the Lagos, Enugu and Rivers States’ High Court Rules and summary judgment under the undefended list procedure. A consent judgment is also a form of summary judgment but it differs on the ground that it is agreed on by the parties without adjudication by the court.



Undefended List Procedure (Order 21 of Abuja Rules)

The term “Undefended list” is used under the Abuja High Court (Civil Procedure) Rules. It is one and the same procedure with Summary judgment. Under Order 21 of the Abuja Rules, the undefended list procedure is used only for the recovery of debts and liquidated money demand. The Plaintiff shall at the time of applying for the issuance of the writ of summons, accompany the writ with an affidavit disclosing the fact on which the claim is based and also stating that in his belief, there is no defence to the claim. If the court is satisfied that there are good grounds for his believing so, the court shall enter the suit for hearing in what is called the “undefended list” and mark the writ of summons accordingly. Then, a date shall be fixed for the hearing of the suit. The Rules give the responsibility of being satisfied with the affidavit and entering the suit in the undefended list to the “court”. The word “court”, when used in Rules of courts or in Statutes in regard to functions to be performed usually refers to the Judge or Judges who sit in a court and not the Registrar. The 2004 Abuja Rules actually used the word “Judge” in place of “Court”. This settles any controversy that may have arisen there from.

However, controversy rages as to the mode of applying for the writ to be marked and entered on the “undefended list”. In some jurisdictions, counsel file motion ex parte praying the court to enter and mark the writ “undefended list” while in some others, counsel merely files the writ along with the affidavit, stating the grounds upon which the claim is based. The writ is then marked and entered in the undefended list.

Notice of Intention to Defend

Upon service of the writ of summons and affidavit to the Defendant, if he has a defence to the action; he shall file a notice in writing of his intention to defend the action together with an affidavit disclosing a defence on merit. The above documents shall be filed not less than five days before the date fixed for hearing. However, in practice, the court may grant an extension of time within which to defend upon good cause shown.

Where a Defence is Disclosed

If the court is satisfied that a defence on the merit has been disclosed in the affidavit, the Defendant may be granted leave to defend the action upon such terms as the court may think just. The action shall then be removed from the undefended list to the general cause list. The court may then order pleadings to be filed by the parties or proceed to hear the matter upon affidavits of the parties.

Where there is conflict in the affidavit of both parties, the court must enter the suit on the general cause list. The case would have to be heard in the ordinary way with or without pleadings. It should be noted that where the court transfers the case to the general cause list i.e. grant leave to the Defendant to defend the suit, the Plaintiff cannot appeal against the leave to defend. This is because there is no right of appeal against an order of the High Court granting leave to defend an action.

Judgment in Undefended List

If the Defendant fails to file a notice of intention to defend accompanied with an affidavit disclosing a defence on the merit or the court refuses to grant leave to defend the action, the suit shall be heard as an undefended suit and judgment be entered in favour of the Plaintiff without calling upon him to give oral evidence in proof of his case. Judgment given under the undefended list is a judgment on the merit and accordingly it is a final judgment and not a default judgment. Therefore, it cannot be set aside by the same court that delivered it except on grounds of fraud. Note however that when a suit entered on the undefended list comes to court for the first time, it is for hearing and not for mention.

The summary judgment procedure is available to a Claimant who believes that the Defendant has no defence to his claim. The belief must be honest and not frivolous, hence; the Claimant is required to depose to an affidavit stating the grounds of such belief. In the same vein, for the matter to be transferred to the general cause list, the affidavit of the Defendant must answer the claim and disclose a defence to it on the merit. In other words, a general denial of the claim or a general statement that the “Defendant has a good defence to the claim” is not sufficient for this purpose. Where there is conflict in both affidavits, the suit must be entered on the general cause list. In other words, both the Claimant and the Defendant have the duty to prove their claims and defence to the satisfaction of the court and the court must exercise its discretion judicially and judiciously in the determination of the case.

Summary Judgments under Order 11 (Lagos and Rivers States)

This procedure is used where the Claimant believes that there is no defence to his claim. It may also be used where it will amount to a delay to allow the Defendant to defend the action or where the facts are straight forward and uncontested by the Defendant. At the time of filing, the Claimant shall accompany his writ of summons with the following:

Statement of claim
The exhibit to be relied on at the trial; and
The depositions of his witnesses.

In addition to the above documents, the Claimant shall also file an application for summary judgment, supported by an affidavit stating the grounds for his belief that there is no defence to his claim. Furthermore, he shall file a written brief i.e. arguments in support of the application.

Although the Rules of Court are silent on the mode of bringing the application for summary judgment before the court; however, it is suggested that it should be by motion on notice given that all applications to the court except otherwise required, shall be by way of motion supported by affidavit.

Where the Defendant Intends to Defend

If the Defendant who is served with the processes has a defence to the claim and intends to defend same, he must do so by filing the following documents within the time stipulated for defence:

Statement of defence
Deposition of his witnesses
Exhibits to be relied on; and

A written brief in reply or opposition to the application for summary judgment.
This means that the Defendant is no longer required to file a counter affidavit as was the position under the 1994 Lagos Rules or Order 10 of the 1972 Lagos Rules. All he needs to do is file his statement of defence along with the aforementioned documents within the time stipulated for defence which is 42 days from the day of service of originating process and accompanying documents. The Defendants must also file a reply brief to the one filed in support of the application. Note however, that his statement of defence must disclose a valid prima facie defence on the merit. Where the statement of defence discloses no reasonable defence to the claim, the Claimant shall be ordinarily entitled to summary judgment. That is to say; a statement of defence that discloses no answer to the claim under Order 11 will entitle the Claimant to judgment under the Order.

Where a Defence is Disclosed

On the day of hearing of the application, the Judge shall look at the statement of defence and if it appears to him that the Defendant has a good defence, he shall grant the Defendant leave to defend in which case, the matter will be entered in the general cause list to be tried fully.

Where no Defence is Disclosed

If it appears to the judge that no good defence has been disclosed by the Defendant, he may enter judgment in favour of the Claimant. As discussed earlier, such judgment is a final judgment having been delivered on the merit; it can only be set aside on appeal. Where however, the Defendant fails or neglects to comply with the requirements of the Rules, like failing to file his defence and written brief for instance, the judgment entered thereon would be a default judgment and may be set aside where good cause is shown by the Defendant. It should be noted that the Defendant may disclose a good defence to only a part of the claim. In such circumstances, the Judge may enter judgment in respect of the part to which no defence has been disclosed and grant leave to defend that part to which a defence has been disclosed. It is also noteworthy that where there is more than one Defendant, the Judge may enter judgment against those Defendants who do not disclose a defence to the claim, but shall grant leave to those who disclose a defence. Parties are at liberty to advance oral submissions in elucidation of their written briefs.

Summary Judgment Will Not  be Granted When Defence Raises Triable Issues

For instance in the case of Beloxxi Industries Ltd, Obi Ezeude (defendants/appellants) AND Hwa Tai Industries  (claimant/respondent)
The learned trial judge in the circumstance of this case and as rightly submitted by the learned appellants’ counsel, did err in law in entering summary judgment on an amount, which is being contested and/or disputed by the defendant/appellants. In other words, the learned trial judge should have declined entering summary judgement, this is premised on the finding that triable issue had been raised in defence of the suit by the defendants/appellants therein.

So held the Court of Appeal Holden at Lagos, Nigeria, in a unanimous leading judgment delivered by his Lordship C.B. Ogunbiyi (JCA), J.I Okoro, M.A. Danjuma, (JCA) concurring while allowing the appellant’s appeal.

Tuesday, 10 December 2013

COMPREHENSIVE: List of legal Latin terms

A

A mensa et thoro - From bed and board.

A vinculo matrimonii - From the bond of matrimony.

Ab extra - From outside.

Ab initio - From the beginning.

Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.

Abundans cautela non nocet - Abundant caution does no harm.

Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal.

Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious crime than the principal offender.

Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.

Actio non accrevit infra sex annos - The action has not accrued within six years.

Actio non datur non damnificato - An action is not given to one who is not injured.

Actio personalis moritur cum persona - A personal action dies with the person.

Actiones legis - Law suits.

Actori incumbit onus probandi - The burden of proof lies on the plaintiff.

Actus nemini facit injuriam - The act of the law does no one wrong.

Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a criminal intent.

Actus reus - A guilty deed or act.

Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases which occur more frequently.

Ad hoc - For this purpose.

Ad infinitum - Forever, without limit, to infinity.

Ad perpetuam rei memoriam - For a perpetual memorial of the matter.

Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores - The judges do not answer to a question of fact; the jury do not answer to a question of Law.

Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's own land what may be injurious to another.

Aequitas legem sequitur - Equity follows the law.

Aequitas nunquam contravenit legem - Equity never contradicts the law.

Alibi - At another place, elsewhere.

Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than accumulation.

Aliunde - From elsewhere, or, from a different source

Allegans contraria non est audiendus - One making contradictory statements is not to be heard.

Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be heard.

Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be heard.

Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the party using it.

Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never helped by averment.

Amicus curiae - A friend of the Court.

Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every case to liberty.

Animo furandi - With an intention of stealing.

Animo testandi - With an intention of making a will.

Annus luctus - The year of mourning.

Ante - Before.

Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.

Arbitrium est judicium - An award is a judgment.

Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot grow.

Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is the strongest in law.

Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very strong in law.

Argumentum ad hominem - An argument directed a the person.

Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).

Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the armed.

Assentio mentium - The meeting of minds, i.e. mutual assent.

Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.

Audi alteram partem - Hear the other side.

Aula regis - The King's Court.

B

Benignior sententia in verbis generalibus seu dubiis est preferenda - The more favorable construction is to be placed on general or doubtful words.

Bis dat qui cito dat - He gives (pays) twice who pays promptly.

Bona fide - Sincere, in good faith

Bona vacantia - Goods without an owner

Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.

Boni judicis est judicium sine dilatione mandare executioni - It is the duty of a good judge to cause execution to issue on a judgment without delay.

Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation.

Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert - A good judge decides according to justice and right and prefers equity to strict law.

Breve judiciale non cadit pro defectu formae - A judicial writing does not fail through defect of form.

C

Cadit quaestio - The matter admits of no further argument.

Cassetur billa (breve) - Let the writ be quashed.

Casus fortuitus non est spectandus; et nemo tenetur divinare - A fortuitous event is not to be foreseen and no person is bound to divine it.

Catalla reputantur inter minima in lege - Chattels are considered in law among the minor things.

Causa proxima, non remota spectatur - The immediate, and not the remote cause is to be considered.

Caveat emptor - Let the purchaser beware.

Caveat venditor - Let the seller beware.

Cepi corpus et est languidum - I have taken the body and the prisoner is sick.

Cepi corpus et paratum habeo - I have taken the body and have it ready.

Ceteris paribus - Other things being equal.

Consensu - Unanimously or, by general consent.

Consensus ad idem - Agreement as to the same things.

Consuetudo loci observanda est - The custom of the place is to be observed.

Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is best and most powerful in law.

Contra - To the contrary.

Contra bonos mores - Against good morals.

Contra non valentem agere nulla currit praescriptio - No prescription runs against a person not able to act.

Contractus est quasi actus contra actum - A contract is an act as it were against an act.

Conventio et modus vincunt legem - A contract and agreement overcome the law.

Conventio privatorum non potest publico juri derogare - An agreement of private persons cannot derogate from public right.

Coram Domino Rege - In the presence of our Lord the King.

Coram non judice - Before one who is not a judge.

Corpus - Body.

Corpus delicti - The body, i.e. the gist of crime.

Corpus humanum non recipit aestimationem - A human body is not susceptible of appraisement.

Crescente malitia crescere debet et poena - Vice increasing, punishment ought also to increase.

Crimen omnia ex se nata vitiat - Crime vitiates every thing, which springs from it.

Crimen trahit personam - The crime carries the person.

Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the gift.

Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to the sky; and to its depth.

Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two things repugnant to each other are found in a will, the last is to be confirmed.

Cursus curiae est lex curiae - The practice of the court is the law of the court.

Custos morum - A guardian of morals.

D

Damnum sine injuria - damage without legal injury.

De bonis asportatis - Of goods carried away.

De bonis non administratis - Of goods not administered.

De die in diem - From day to day.

De facto - In fact.

De futuro - In the future.

De integro - As regards the whole.

De jure - Rightful, by right.

De minimis lex non curat - The law does not notice trifling matters.

De novo - Starting afresh.

Debile fundamentum fallit opus - Where there is a weak foundation, the work fails.

Debita sequuntur personam debitoria - Debts follow the person of the debtor.

Debitor non praesumitur donare - A debtor is not presumed to make a gift.

Debitum et contractus sunt nullius loci - Debt and contract are of no particular place.

Debitum in praesenti, solvendum in futuro - A present debt is to be discharged in the future.

Delegata potestas non potest delegari - A delegated authority cannot be again delegated.

Derivativa potestas non potest esse major primitiva - The power which is derived cannot be greater than that from which it is derived.

Deus solus haeredem facere potest, non homo - God alone, not man, can make an heir.

Dies Dominicus non est juridicus - Sunday is not a day in law.

Discretio est discernere per legem quid sit justum - Discretion is to discern through law what is just.

Doli incapax - Incapable of crime.

Dominium - Ownership.

Domus sua cuique est tutissimum refugium - Every man s house is his safest refuge.

Dona clandestina sunt semper suspiciosa - Clandestine gifts are always suspicious.

Dormiunt leges aliquando, nunquam moriuntur - The laws sometimes sleep, but never die.

Doti lex favet; praemium pudoris est; ideo parcatur - The law favors dower; it is the reward of chastity, therefore let it be preserved.

Dubitante - Doubting the correctness of the decision.

Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in entirety.

E

Ei incumbit probatio qui - The onus of proving a fact rests upon the man.

Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who affirms, not he who denies.

Error, qui non resistitur approbatur - An error not resisted is approved.

Et cetera - Other things of that type.

Ex cathedra - With official authority.

Ex concessis - In view of what has already been accepted/

Ex dolo malo actio non oritur - A right of action cannot arise out of fraud.

Ex facie - On the fact of it.

Ex gratia - Out of kindness, voluntary.

Ex nihilo nil fit - From nothing nothing comes.

Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.

Ex parte - Proceeding brought by one person in the absence of another.

Ex post facto - By reason of a subsequent act.

Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is made from things preceding and following.

Ex turpi causa non oritur actio - No action arises on an immoral contract.

Exceptio probat regulam - An exception proves the rule.

Executio est executio juris secundum judicium - Execution is the fulfillment of the law in accordance with the judgment.

Executio est finis et fructus legis - An execution is the end and the fruit of the law.

Executio legis non habet injuriam - Execution of the law does no injury.

Extra legem positus est civiliter mortuus - One out of the pale of the law (i.e. an outlaw) is civilly dead.

F

Faciendum - Something which is to be done.

Factum - An act or deed.

Facultas probationum non est angustanda - The right of offering proof is not to be narrowed.

Falsa demonstratio non nocet - A false description does not vitiate.

Fatetur facinus qui judicium fugit - He who flees judgment confesses his guilt.

Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the causes of things.

Felonia implicatur in qualibet proditione - Felony is implied in every treason.

Festinatio justitiae est noverca infortunii - The hurrying of justice is the stepmother of misfortune.

Fictio cedit veritati; fictio juris non est, ubi veritas - Fiction yields to truth. Where truth is, fiction of law does not exist.

Fides servanda est - Good faith is to be preserved.

Fieri facias (abreviated fi. fa.) - That you cause to be made.

Filiatio non potest probari - Filiation cannot be proved.

Firmior et potentior est operatio legis quam dispositio hominis - The operation of law is firmer and more powerful than the will of man.

Forma legalis forma essentialis est - Legal form is essential form.

Fortior est custodia legis quam hominis - The custody of the law is stronger than that of man.

Fractionem diei non recipit lex - The law does not regard a fraction of a day.

Fraus est celare fraudem - It is a fraud to conceal a fraud.

Fraus est odiosa et non praesumenda - Fraud is odious and is not to be presumed.

Fraus et jus nunquam cohabitant - Fraud and justice never dwell together.

Fructus naturales - Vegetation which grows naturally without cultivation.

Frustra probatur quod probatum non relevat - That is proved in vain which when proved is not relevant.

Furor contrahi matrimonium non sinit, quia consensus opus est - Insanity prevents marriage from being contracted because consent is needed.

G

Generale nihil certum implicat - A general expression implies nothing certain.

Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.

Generalia specialibus non derogant - Things general do not derogate from things special.

Generalis regula generaliter est intelligenda - A general rule is to be generally understood.

Gravius est divinam quam temporalem laedere majestatem - It is more serious to hurt divine than temporal majesty.

H

Habeas corpus - That you have the body.

Habemus optimum testem confitentem reum - We have the best witness, a confessing defendant.

Haeredem est nomen collectum - Heir is a collective name.

Haeres est nomen juris, filius est nomen naturae - Heir is a term of law, son, one of nature.

Haeres legitimus est quem nuptiae demonstrant - He is the lawful heir whom the marriage indicates.

Homo vocabulum est naturae; persona juris civilis - Man is a term of nature, person of the civil law.

I

Id est (i.e) - That is.

Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.

Idem - The same person or thing.

Idem nihil dicere et insufficienter dicere est - It is the same to say nothing as not to say enough.

Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance of law does not excuse.

Imperium in imperio - A sovereignty within a sovereignty.

Impotentia excusat legem - Impossibility is an excuse in the law.

Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.

In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.

In alta proditione nullus potest esse acessorius; sed principalis solum modo - In high treason no one can be an accessory; but a principal only.

In Anglia non est interregnum - In England there is no interregnum.

In camera - In private.

In casu extremae necessitatis omnia sunt communia - In a case of extreme necessity everything is common.

In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to be cleared than the light.

In curia domini regis, ipse in propria persona jura discernit - In the King s Court, the King himself in his own person dispenses justice.

In delicto - At fault.

In esse - In existence.

In extenso - At full length.

In fictione legis aequitas existit - A legal fiction is consistent with equity.

In foro conscientiae - In the forum of conscience.

In futoro - In the future.

In jure non remota causa sed proxima spectatur - In law not the remote but the proximate cause is looked at.

In limine - At the outset, on the threshold.

In loco parentis - In place of the parent.

In mortua manu - In a dead hand.

In novo casu novum remedium apponendum est - In a new case a new remedy is to be applied.

In omni re nascitur res quae ipsam rem exterminat - In everything is born that which destroys the thing itself.

In omnibus - In every respect.

In pari delicto potior est conditio possidentis - When the parties are equally in the wrong the condition of the possessor is better.

In personam - Against the person.

In pleno - In full.

In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is to be punished according to law.

In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is to be understood rather than the affirmative.

In republica maxime conservanda sunt jura belli - In a State the laws of war are to be especially observed.

In situ - In its place.

In terrorem - As a warning or deterrent.

In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the intention of the testator.

In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur - In the delivery of writings (deeds), not what is said but what is done is to be considered.

In verbis, non verba sed res et ratio quaerenda est - In words, not words, but the thing and the meaning are to be inquired into.

Indicia - Marks, signs.

Injuria non excusat injuriam - A wrong does not excuse a wrong.

Intentio inservire debet legibus, non leges intentioni - Intention ought to be subservient to the laws, not the laws to the intention.

Inter alia - Amongst other things.

Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things adjudged be not rescinded.

Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the State that men s last wills be sustained.

Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every one use properly his own property.

Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to litigation.

Interim - Temporary, in the meanwhile.

Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and harmonize laws is the best method of interpretation.

Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made that the thing may have effect rather than it should fail.

Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption does not defeat a prescription once obtained.

Invito beneficium non datur - A benefit is not conferred upon one against his consent.

Ipsissima verba - The very words of a speaker.

Ipso facto - By that very fact.

Ira furor brevis est - Anger is brief insanity.

Iter arma leges silent - In war the laws are silent.

J

Judex est lex loquens - A judge is the law speaking.

Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.

Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong done to himself.

Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the plaintiff himself demands.

Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.

Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide according to the allegations and the proofs.

Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to be illusory; it ought to have its proper effect.

Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the reason of their judgment.

Jura naturae sunt immutabilia - The laws of nature are immutable.

Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.

Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum - An oath is indivisible and it is not to be held partly true and partly false.

Jurare est Deum in testem vocare, et est actus divini cultus - To swear is to call God to witness and is an act of divine worship.

Jus - A right that is recognised in law.

Jus accrescendi praefertur oneribus - The right of survivorship is preferred to incumbrances.

Jus ad rem; jus in re - A right to a thing; a right in a thing.

Jus dicere, non jus dare - To declare the law, not to make the law.

Jus est norma recti; et quicquid est contra normam recti est injuria - The law is a rule of right; and whatever is contrary to a rule of right is an injury.

Jus naturale - Natural justice.

Jus naturale est quod apud omnes homines eandem habet potentiam - Natural right is that which has the same force among all men.

Jus scriptum aut non scriptum - The written law or the unwritten law.

Jusjurandum inter alios factum nec nocere nec prodesse debet - An oath made between third parties ought neither to hurt nor profit.

Justitia est duplec; severe puniens et vere praeveniens - Justice is two-fold; severely punishing and in reality prohibiting (offences).

Justitia firmatur solium - The throne is established by justice.

Justitia nemini neganda est - Justice is to be denied to no one.

L

Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.

Legibus sumptis desinentibus legibus naturae utendum est - When laws imposed by the State fail, we must use the laws of nature.

Lex aliquando sequitur aequitatem - The law sometimes follows equity.

Lex citius tolerare vult privatum damnum quam publicum malum - The law would rather tolerate a private injury than a public evil.

Lex dabit remedium - The law will give a remedy.

Lex dilationes abhorret - The law abhors delays.

Lex est judicum tutissimus ductor - The law is the safest guide for judges.

Lex est sanctio sancta jubens honesta et prohibens contraria - The law is a sacred sanction, commanding what is right and prohibiting the contrary.

Lex indendit vicinum vicini facta scire - The law presumes that one neighbor knows the acts of another.

Lex necessitatis est lex temporis i.e. instantis - The law of necessity is the law of time, that is time present.

Lex neminem cogit ad vana seu impossiblia - The law compels no one to do vain or impossible things.

Lex nil frustra facit - The law does nothing in vain.

Lex non a rege est violanda - The law must not be violated even by the King.

Lex non deficere potest in justitia exhibenda - The law cannot fail in dispensing justice.

Lex non novit patrem, nec matrem; solam veritatem - The law does not know neither father nor mother, only the truth.

Lex non oritur ex injuria - The law does not arise from a mere injury.

Lex non requirit verificari quod apparet curiae - The law does not require that to be proved which is apparent to the Court.

Lex non favet delicatorum votis - The law does not favor the wishes of the dainty.

Lex plus laudatur quando ratione probatur - The law is the more praised when it is supported by reason.

Lex prospicit not respicit - The law looks forwared, not backward.

Lex punit mendaciam - The law punishes falsehood.

Lex rejicit superflua, pugnatia, incongrua - The law rejects superfluous, contradictory and incongruous things.

Lex spectat naturae ordinem - The law regards the order of nature.

Lex succurrit ignoranti - The law succors the ignorant.

Lex tutissima cassis, sub clypeo legis nemo decipitur - Law is the safest helmet; under the shield of the law no one is deceived.

Lex uno ore omnes alloquitur - The law speaks to all through one mouth.

Longa possessio est pacis jus - Long possession is the law of peace.

Longa possessio parit jus possidendi et tollit actionem vero domino - Long possession produces the right of possession and takes away from the true owner his action.

M

Magister rerum usus; magistra rerum experientia - Use is the master of things; experience is the mistress of things.

Major continet in se minus - The greater contains the less.

Majus est delictum se ipsum occidere quam alium - It is a greater crime to kill one s self than another.

Mala fide - In bad faith.

Mala grammatica non vitiat chartam - Bad grammar does not vitiate a deed.

Mala in se - Bad in themselves.

Mala prohibita - Crimes prohibited.

Malitia supplet aesatem - Malice supplies age.

Malo animo - With evil intent.

Mandamus - We command.

Maximus magister erroris populus est - The people are the greatest master of error.

Melior est conditio possidentis, ubi neuter jus habet - Better is the condition of the possessor where neither of the two has the right.

Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be regarded.

Meliorem conditionem suam facere potest minor deteriorem nequaquam - A minor can make his position better, never worse.

Mens rea - Guilty state of mind.

Mentiri est contra mentem ire - To lie is to act against the mind.

Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the benefit of the law who seeks to infringe the law.

Minatur innocentibus qui parcit nocentibus - He threatens the innocent who spares the guilty.

Misera est servitus, ubi jus est vagum aut incertum - It is a miserable slavery where the law is vague or uncertain.

Mors dicitur ultimum supplicium - Death is called the extreme penalty.

Muilta exercitatione facilius quam regulis percipies - You will perceive many things more easily by experience than by rules.

N

Nam nemo haeres viventis - For no one is an heir of a living person.

Naturae vis maxima est - The force of nature is the greatest.

Necessitas inducit privilegium quoad jura privata - With respect to private rights necessity induces privilege.

Necessitas non habet legem - Necessity has no law.

Necessitas publica est major quam privata - Public necessity is greater than private necessity.

Negligentia semper habet infortuniam comitem - Negligence always has misfortune for a companion.

Nemo admittendus est inhabilitare se ipsum - No one is allowed to incapacitate himself.

Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.

Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own property, even for a just price.

Nemo contra factum suum venire potest - No man can contradict his own deed.

Nemo debet esse judex in propria causa - No one can be judge in his own case.

Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has.

Nemo potest contra recordum verificare per patriam - No one can verify by the country, that is, through a jury, against the record.

Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord (of the same tenement).

Nemo potest facere per alium, quod per se non potest - No one can do through another what he cannot do himself.

Nemo potest mutare consilium suum in alterius injuriam - No one can change his purpose to the injury of another.

Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis - No one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.

Nemo prohibetur pluribus defensionibus uti - No one is forbidden to make use of several defences.

Nemo punitur pro alieno delicto - No one is punished for the crime of another.

Nemo se accusare debet, nisi coram Deo - No one should accuse himself except in the presence of God.

Nemo tenetur accusare se ipsum nisi coram Deo - No one is bound to accuse himself except in the presence of God.

Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against himself.

Nexus - Connection

Nihil quod est inconveniens est licitum - Nothing inconvenient is lawful.

Nil facit error nominis cum de corpore constat - An error of name makes not difference when it appears from the body of the instrument.

Nisi - Unless

Non compus mentis - Not of sound mind and understanding

Non constat - It is not certain

Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.

Non definitur in jure quid sit conatus - What an attempt is, is not defined in law.

Non est arctius vinculum inter homines quam jusjurandum - There is no stronger link among men than an oath.

Non est factum - It is not his deed

Non est informatus - He is not informed.

Non facias malum ut inde veniat bonum - You shall not do evil that good may come of it.

Non jus, sed seisina, facit stipitem - Not right, but seisin makes a stock (from which the inheritance must descend).

Non refert quid notum sit judici si notum non sit in forma judicii - It matters not what is known to the judge if it is not known judicially.

Non sequitur - An inconsistent statement, it does not follow

Nullus commodum capere potest ex sua injuria propria - No one can derive an advantage from his own wrong.

Nullus recedat e curia cancellaria sine remedio - No one should depart from a Court of Chancery without a remedy.


O

Omne sacramentum debet esse de certa scientia - Every oath ought to be of certain knowledge.

Omnia delicta in aperto leviora sunt - All crimes (committed) in the open are (considered) lighter.

Omnia praesumuntur contra spoliatorem - All things are presumed against a wrongdoer.

Omnis innovatio plus novitate perturbat quam utilitate prodeat - Every innovation disturbs more by its novelty than it benefits by its utility.

Optima legum interpres est consuetudo - The best interpreter of laws is custom.

Optimus interpres rerum est usus - The best interpreter of things is usage.

P

Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from public law.

Par delictum - Equal fault.

Pari passu - On an equal footing.

Partus sequitur ventrem - The offspring follows the mother.

Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.

Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.

Pendente lite nihil innovetur - During litigation nothing should be changed.

Per curiam - In the opinion of the court.

Per minas - By means of menaces or threats.

Per quod - By reason of which.

Post mortem - After death.

Prima facie - On the face of it.

Prima impressionis - On first impression.

Pro hac vice - For this occasion.

Pro rata - In proportion.

Pro tanto - So far, to that extent.

Pro tempore - For the time being.

Publici juris - Of public right.


Q

Quaeitur - The question is raised.

Quantum - How much, an amount.

Qui facit per alium, facit per se - He who acts through another acts himself.

Qui haeret in litera, haeret in cortice - He who stices to the letter, sticks to the bark.

Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in the womb is considered as already born as far as his benefit is considered.

Qui non habet potestatem alienandi, habet necessitatem retinendi - He who has not the power of alienating is under the necessity of retaining.

Qui non habet, ille non dat - He who has not, does not give.

Qui non improbat, approbat - He who does not disapprove, approves.

Qui non obstat quod obstare potest facere videtur - He who does not prevent what he is able to prevent, is considered as committing the thing.

Qui non prohibet quod prohibere potest assentire videtur - He who does not prohibit when he is able to prohibit, is in fault.

Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober.

Qui potest et debet vetare et non vetat jubet - He who is able and ought to forbit and does not, commands.

Qui prior est tempore potior est jure - He who is prior in time is stronger in right.

Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a burden.

Qui tacet consentire videtur - He who is silent appears to consent.

Quid pro quo - Consideration. something for something.

Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to the soil.

Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the beginning does not become valid by time.

Quod constat curiae opere testium non indiget - What appears to the Court needs not the help of witnesses.

Quod necessarie intelligitur, id non deest - What is necessarily understood is not wanting.

Quod necessitas cogit, defendit - What necessity forces it justifies.

Quod non apparet, non est - What does not appear, is not.

Quod non habet principium non habet finem - What has no beginning has no end.

Quod per me non possum, nec per alium - What I cannot do through myself, I cannot do through another.

Quod prius est verius est; et quod prius est tempore potius est jure - What is first is more true; and what is prior in time is stronger in law.

Quod vanum et inutile est, lex non requirit - The law does not require what is vain and useless.

Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est - When there is no ambiguity in words, then no exposition contrary to the expressed words is to be made.

R

Ratio est legis anima, mutata legis ratione mutatur et lex - Reason is the soul of the law; when the reason of the law changes the law also is changed.

Re - In the matter of.

Reprobata pecunia leberat solventem - Money refused releases the debtor.

Res - Matter, affair, thing, circumstance.

Res gestae - Things done.

Res integra - A matter untouched (by decision).

Res inter alios acta alteri nocere non debet - Things done between strangers ought not to affect a third person, who is a stranger to the transaction.

Res judicata accipitur pro veritate - A thing adjudged is accepted for the truth.

Res nulis - Nobody s property.

Respondeat superior - Let the principal answer.

Rex est major singulis, minor universis - The King is greater than individuals, less than all the people.

Rex non debet judicare sed secundum legem - The King ought not to judge but according to the law.

Rex non potest peccare - The King can do no wrong.

Rex nunquma moritur - The King never dies.

Rex quod injustum est facere non potest - The King cannot do what is unjust.

S

Salus populi est suprema lex - The safety of the people is the supreme law.

Sciens - Knowingly.

Scienter - Knowingly.

Scire facias - That you cause to know.

Scribere est agere - To write is to act.

Se defendendo - In self defence.

Secus - The legal position is different, it is otherwise.

Semper praesumitur pro legitimatione puerorum - Everything is presumed in favor of the legitimacy of children.

Semper pro matriomonio praesumitur - It is always presumed in favor of marriage.

Sententia interlocutoria revocari potest, definitiva non potest - An interlocutory order can be revoked, a final order cannot be.

Servitia personalia sequuntur personam - Personal services follow the person.

Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property.

Simplex commendatio non obligat - A simple recommendation does not bind.

Stare decisis - To stand by decisions (precedents).

Stet - Do not delete, let it stand.

Sub modo - Within limits.

Sub nomine - Under the name of.

Sub silentio - In silence.

Sublata causa, tollitur effectus - The cause being removed, the effect ceases.

Sublato fundamento, cadit opus - The foundation being removed, the structure falls.

Subsequens matrimonium tollit peccatum praecedens - A subsequent marriage removes the preceding wrong.

Suggestio falsi - The suggestion of something which is untrue.

Sui generis - Unique.

Summa ratio est quae pro religione facit - The highest reason is that which makes for religion, i.e. religion dictates.

Suppressio veri - The suppression of the truth.

Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of falsehood.

T

Talis qualis - Such as it is.

Terra firma - Solid ground.

Testamenta latissimam interpretationem habere debent - Testaments ought to have the broadest interpretation.

Traditio loqui chartam facit - Delivery makes a deed speak.

Transit terra cum onere - The land passes with its burden.

U

Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same reason, then the law is the same, and the same judgment should be rendered as to similar things.

Ubi jus ibi remedium est - Where there is a right there is a remedy.

Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be no accessory.

Ubi nullum matrimonium, ibi nulla dos es - Where there is no marriage, there is no dower.

Ultima voluntas testatoris est perimplenda secundum veram intentionem suam - The last will of a testator is to be fulfilled according to his true intentio.

Ut poena ad paucos, metus ad omnes, perveniat - That punishment may come to a few, the fear of it should affect all.

Utile per inutile non vitiatur - What is useful is not vitiated by the useless.

V

Verba chartarum fortius accipiuntur contra preferentem - The words of deeds are accepted more strongly against the person offering them.

Verba debent intelligi cum effectu - Words ought to be understood with effect.

Verba intentioni, non e contra, debent inservire - Words ought to serve the intention, not the reverse.

Verbatim - Word by word, exactly.

Vi et armis - With the force and arms.

Via antiqua via est tuta - The old way is the safe way.

Vice versa - The other way around.

Vide - See.

Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who sleep.

Vir et uxor consentur in lege una persona - A husband and wife are regarded in law as one person.

Visitationem commendamus - We recommend a visitation.

Volens - Willing.

Volenti non fit injuria - An injury is not done to one consenting to it.

Voluntas in delictis non exitus spectatur - In offences the intent and not the result is looked at.

Voluntas reputatur pro facto - The will is taken for the deed.

LEAKED: Over 1000 Names and Email Address of Big Law Firms in Lagos, Abuja, Portharcourt and Kano

This is good news for the new wigs that were just called to the Bar and lawyers that are seeking employment into a reputable lawyer firm in Lagos, Portharcourt, Enugu and Abuja, here is the comprehensive list of law firms and their email addresses.


'Alliance Law firm'<vuo@alliancelf.com>;
'Amaechi and Amaechi'<nkirunwogu@hotmail.com>;
 'Austen-Peters'<timi@austen-peters.com>;
'AYODELE OLUGBENGA & CO'<olugbengaruphus@yahoo.com>;
 'E. Edodo Thorpe & Associates'<oluthorpe@yahoo.co.uk>;
'E. Osoka and Co'<lizosoka@yahoo.com>;
'Jackson, Etti and Edu'<folaolusanya@jacksonettiandedu.com>; 'Punuka'<n.dimgba@punuka.com>;
'SPA Ajibade & Co'<bajibade@spaajibade.com>;
 'Udo Udoma & Belo-Osagie'<yinka.edu@uubo.org>;
 'UUBO'<ngozi.agboti@uubo.org>;
 'UUBO'<ebere.uzum@uubo.org>;
'Chief Anthony I. Idigbe (SAN)'<info@punuka.com>;
 'Dr. Myma Belo-Osagie'<myma.belo-osagie@uubo.org>;
 'Mrs. Lillian Ifeoma Esiri'<enquiries@lilianesiriandco.com>;
 'Senator Oladipo Odujinrin'<o.odujinrin@odujinrinadefulu.com>;
 'A.O. ORU & CO'<andreworu@yahoo.com>;
'ABDULLAHI IBRAHIM & CO'<info@abdullahiibrahimco.com>;
 'ABFR & CO.'<abfrco@infoweb.com.ng>;
 'ABRAHAM & CO.'<mail@abraham-law.com>;
'ABUGU & CO. SOLICITORS'<thefirm@abugusolicitors.com>;
'ABUGU & CO. SOLICITORS'<abugusolicitors@yahoo.com>;
'ADEJUMO EKISOLA & CO'<info@AEandELegal.com>;
'ADEKUNLE OMOTOLA & CO.'<adekunleomotola_co@yahoo.com>;
'ADROIT LEX & CO'<adroit_lex@yahoo.com>;
 'AELEX'<lagos@aelex.com>;
'AGABI, SHINABA, OGON & CO.'<agashog@hyperia.com>;
'AINA BLANKSON & CO'<info@ainablankson.com>;
'AJUMOGOBIA & OKEKE'<ao@ajumogobiaokeke.com>;
'AKINLAWON & AJOMO'<akinlawonajomo@yahoo.com>;
'AKINWUNMI & BUSARI'<akinwunmibusari@hyperia.com>;
'AKINWUNMI & BUSARI 2'<aandb@hyperia.com>;
'ALIYU UMARU & PARTNERS'<aliyusan@yahoo.co.uk>;
'ALUKO & OYEBODE'<olubunmi.fayokun@aluko-oyebode.com>;
'AMAECHI & AMAECHI'<amaechi_amaechilawfirm@yahoo.com>;
 'ANGA & EMUWA'<angaemuwa@aol.com>;
'ANYIAM OSIGWE & CO'<info@anyiam-osigwe.com>;
'ASSOCIATED ATTORNEYS'<info@associated-attorneys.com>;
'AUSTEN PETERS & CO'<mail@austen-peters.com>;
'AYO KASUMU & CO'<info@ayo-kasumu.com>;
'AYODELE OLUGBENGA & CO'<lexafando@yahoo.com>;
'BABALAKIN & CO.'<wakoni@babalakinandco.com>;
 'BABJIDE KOKU & CO'<info@bkclegal.com>;
 'BABS A. ADEJUWON & CO.'<babs@babsadejuwon.com>;
'BANDELE AIKU'<aiku@skannet.com>; 'BANWO & IGHODALO'<banwigho@linkserve.com.ng>; 'BAYO OJO & CO'<info@bayoojoandco.com>; 'BAYO OSIPITAN & CO'<bayoosipitanandco@yahoo.com>; 'BEN ONUORA & CO'<benonuora@benchambers.com>; 'BEN ONUORA & CO 2'<ben-onuora@yahoo.com>; 'BOLA AJIBOLA & CO'<bolaajibola@yahoo.co.uk>; 'C. V. C. IHEKWEAZU & Co'<chikwemchamber@yahoo.com>; 'CHIBUZO N. ZIGGY AZIKE & CO.'<ziggyschambers@yahoo.com>; 'CHIEF SOLO AKUMA \(SAN\) & ASSOCIATES'<soloakumah@yahoo.com>; 'CHRIS OGUNBANJO & CO'<abi.ogunbanjo@chrisogunbanjo.com>; 'CHUMA ANOSIKE & CO'<info@chumanco.com>; 'CONSOLEX'<consolex@alpha.linkserve.com>; 'DE LAW CHAMBERS 1'<kraji@delawchambers.com>; 'DE LAW CHAMBERS 2'<kamaraji123@yahoo.com>; 'DIKKO & MOHMOUD'<abmahmoud@compuserve.com>; 'DOROTHY UFOT & CO'<dufot@infoweb.com.ng>; 'F. O. FAGBOHUNGBE & CO'<fof@fof-law.com>; 'FIDELIS ODITAH & CO'<info@oditah.com>; 'FIDELIS ODITAH & CO 2'<fidelisoditah@oditah.com>; 'FOUNDATION CHAMBERS'<info@foundationchambers.com>; 'G. ELIAS & CO'<gelias@gelias.com>; 'G. O. EZE & CO'<deogratiachambers@yahoo.com>; 'GAB-ANNA CHAMBERS'<macdonaldomelemen@yahoo.com>; 'GEORGE ETOMI & PARTNERS'<info@geplaw.com>; 'GIWA OSAGIE & Co'<giwa-osagie@hyperia.com>; 'HERMON \(BARRIESTERS & SOLICITORS\)'<ben@hermonlaw.com>; 'HERMON \(BARRIESTERS & SOLICITORS\) 1'<hermon@hermonlaw.com>; 'J. U. K. IGWE'S CHAMBERS'<jukigwe@yahoo.com>; 'J.K. GADZAMA \(SAN\) & PARTNERS'<gadzama@gazama.com>; 'JACKSON ETTI & EDU '<jacksonettiedu@jacksonettiandedu.com>; 'JAIYE AGORO, SALAMI & CO.'<tokunbo@jaiyeagoro.com>; 'KAYODE & Co'<enquiries@kayodelawchambers.com>; 'KAYODE & Co'<kaylaw@yahoo.com>; 'KEHINDE A. O. SIMPSON & Co'<kola_awodein@yahoo.com>; 'KEHINDE A. O. SIMPSON & Co'<ka@kolaawodeinandco.com>; 'KOYA & KUTI SOLICITORS'<koyakuti@alpha.linkserve.com>; 'LAYONU, OYELEKE & OKWUDIAFOR'<mail@layonu-oyeleke.com>; 'LEGAL PARTNERSHIP CONSULT'<info@legalpartnershipgroup.net>; 'LEGAL RESOURCES ALLIANCE'<tunayeni@nova.net.ng>; 'LEGAL X-RAYS'<omomsomeuloghobui@resourcesandtrust.com>; 'LIBRA LAW OFFICE'<info@libralawoffice.com>; <"'MARINE PARTNERS'">; 'MARINE PARTNERS'<info@marinepartnersng.com>; 'MBANUGU UDENZE & CO'<mbanugoudenze@yahoo.com>; 'NDOMA-EGBA EBIRI & Co.'<ndomaegbaebiri@yahoo.com>; 'NNENNA EJEKAM ASSOCIATES'<nnennaejekam@yahoo.com>; 'O. EDODO, THORPE & ASSOCIATES'<oritsematosan2002@yahoo.com>; 'O. EDODO, THORPE & ASSOCIATES'<oluthorpe@yahoo.com>; <"'O.S. EPHRAIM OLUWANUGA & CO'">; 'ODUJINRIN & ADEFULU & CO.'<odade@infoweb.abs.net>; 'OLAJIDE OYEWOLE & CO'<mail@oyewoleandco.com>; 'OLANIWUN AJAYI LP'<lawyers@olaniwunajayi.net>; 'OLISA AGBAKOBA & ASSOCIATES'<olisa@agbakoba-associates.com>; 'OLOLADE & CO.'<ololadecolaw@yahoo.com>; 'OLUDOTUN LAMPEJO & Co'<lampejo@hotmail.com>; 'OLUROTIMI WILLIAMS & Co.'<olurotimi.williams@yahoo.co.uk>; 'OLUSOLA IBIDAPO OBE & CO.'<olusolaibidapoobe@hotmail.com>; 'PAC SOLICITORS'<pacsolicitors@vgccl.net>; 'PHILLIP NDUBUISI UMEH & Co'<phimeh@yahoo.com>; 'PUNUKA ATTORNEYS & SOLICITORS'<a.idigbe@punuka.com>; 'S.P.A AJIBADE & Co'<spaaco@spaajibade.com>; 'S.P.A AJIBADE & Co'<spaaco@yahoo.co.uk>; 'SOLOLA & AKPANA'<awjumbo@sololaakpana.com>; 'SOLOLA & AKPANA'<iakpana@sololaakpana.com>; 'SOLOLA & AKPANA'<info@sololaakpana.com>; 'SUPO ATI-JOHN & Co.'<supoatijohn@yahoo.co.uk>; 'T. C. MBANEFO & Co.'<tcmbanefo@infoweb.abs.com>; 'T. J. ONOMIGBO OKPOKO'<onomigbo1@yahoo.co.uk>; 'T. J. ONOMIGBO OKPOKO'<lag@okpokolawpractice.com>; 'TAIWO ADEOLUWA & ASSOCIATES'<tadeoluwa@yahoo.com>; 'TAIWO O. EGERTON-SHYNGLE & CO.'<tegertonshyngle@yahoo.com>; 'TAYO TIWO & CO.'<tayotiwochambers@yahoo.co.uk>; 'TEMPLARS'<info@templars-law.com>; 'THE CITY LAW ASSOCIATES'<citylaw@hyperia.com>; 'THE LAW CREST'<info@thelawcrest.com>; 'UDO UDOMA & BELO-OSAGIE'<uubo@uubo.org>; 'WALI-UWAIS & Co'<info@wali-uwais.com>; 'YUSUF O. ALI & CO'<fika@skannet.com>; 'ZEAL FIRST FRUITS CHAMBERS'<zeal_firstfrruitschambers@yahoo.com>; 'ZIK CHUKA OBI & CO'<zikobi@hyperia.com>; 'ZIK CHUKA OBI & Co.'<zedceeobi@googlemail.com>; <aayeni@aelex.com>; <oladele@alliancelf.com>; <aodeleye@spaajibade.com>; <eihebie@spaajibade.com>



JAILED: Ex-banker jailed in UK over James Ibori loot

A Ghanaian and former Goldman Sachs banker Elias Preko was sentenced to 4-1/2 years in prison by a London court on Monday for laundering $5 million on behalf of James Ibori, the former governor of Nigeria’s oil-producing state of Delta.

Ibori is serving 13 years in a British jail after pleading guilty last year to 10 counts of fraud and money-laundering. He is the most senior Nigerian politician to be held to account for the corruption that has blighted Africa’s most populous country and top oil producer, where the case is being closely watched.
Harvard graduate Preko, 54, became the fifth of Ibori’s associates to be jailed for assisting his corruption after the ex-governor’s wife, mistress, sister and lawyer were all convicted by British courts in previous trials.
Elias Preko: laundered $5million for James Ibori
Elias Preko: laundered $5million for James Ibori
The cases have been tried in London because some of the money was laundered in Britain and some of the defendants were based there. Attempts by Nigeria’s own anti-corruption agency to prosecute Ibori, dating back to 2007, have foundered.
A jury at London’s Southwark Crown Court unanimously convicted Preko, a Ghanaian national, of two offences of money-laundering between March 2003 and April 2008 when he was arrested.
He was charged with assisting Ibori in channeling stolen money through a web of offshore trusts and shell companies.
Preko had left Goldman Sachs before he committed the offences and the bank is not accused of any wrongdoing. The court heard Preko tried to open accounts on Ibori’s behalf when he still worked there but this was not authorized by the bank.

The Delta governor from 1999 to 2007, Ibori was in his heyday a power broker at the heart of Nigeria’s ruling party. After he left office and lost immunity from prosecution his fortunes ebbed and flowed according to political developments in Abuja until he was extradited from Dubai to Britain in 2011.
“AMOUNTS BEYOND BELIEF”
“The evidence against you in this case was very clear. You knew what Mr. Ibori was doing and you were actively assisting him,” Judge Anthony Pitts told Preko in his sentencing remarks.
“You are a man of considerable ability and intelligence, highly educated, capable of making lots of money perfectly legitimately.”
The court had heard that in a decade at Goldman Sachs, where he was in charge of private clients in sub-Saharan Africa, Preko had made $12 million in salary and received a severance payment of $3 million when he left the bank.
“You had the ability to walk away (from Ibori). You chose to involve yourself with him as a professional man, against the code of upstanding conduct for men in your position,” Pitts said.
The judge noted that the sums Preko had helped launder were “relatively small amounts in a case where the amounts are almost beyond belief”.
Ibori’s total fortune is not known. During his sentencing in April 2012 Pitts put the amount of stolen money covered by his guilty pleas at 50 million pounds ($82 million) but said this may be a “ludicrously low” fraction of his total booty.
In a three-week hearing this year prosecutors sought a court order for the confiscation of 90 million pounds in assets that they said were the proceeds of Ibori’s crimes, but the hearing ended inconclusively and will restart next year

Mandela’s message to Nigerian leaders

“YOU know I am not very happy with Nigeria. I have made that very clear on many occasions. Yes, Nigeria stood by us more than any nation, but you let yourselves down, and Africa and the black race very badly. Your leaders have no respect for their people. They believe that their personal interests are the interests of the people. They take people’s resources and turn it into personal wealth. There is a level of poverty in Nigeria that should be unacceptable. I cannot understand why Nigerians are not more angry than they are.

“What do young Nigerians think about your leaders and their country and Africa? Do you teach them history? Do you have lessons on how your past leaders stood by us and gave us large amounts of money? You know I hear from Angolans and Mozambicans and Zimbabweans how your people opened their hearts and their homes to them. I was in prison then, but we know how your leaders punished western companies who supported Apartheid.
“What about the corruption and the crimes? Your elections are like wars. Now we hear that you cannot be president in Nigeria unless you are Muslim or Christian. Some people tell me your country may break up. Please don’t let it happen.
“Let me tell you what I think you need to do. You should encourage leaders to emerge who will not confuse public office with sources of making personal wealth. Corrupt people do not make good leaders. Then you have to spend a lot of your resources for education.
Educate children of the poor, so that they can get out of poverty. Poverty does not breed confidence. Only confident people can bring changes. Poor, uneducated people can also bring change, but it will be hijacked by the educated and the wealthy...give young Nigerians good education. Teach them the value of hard work and sacrifice, and discourage them from crimes which are destroying your image as a good people.”
(Excerpts taken from a 2007 interview with Mandela conducted by Dr  Hakeem Baba-Ahmed).

LAGOS JUDICIARY AND THE INTRODUCTION OF E-FILING

At a stakeholders summit on Judiciary Information System (JIS) Introduction of e-filing and an appraisal of the Lagos High Court Civil Procedure Rules 2012, organised by the state judiciary, the state Attorney General and Commissioner for Justice Ade Ipaye said the system will no doubt ensure speedy dispensation of justice. 

It was a giant leap for Lagos State judiciary on September 24, 2013 when the third arm of government set once again, another milestone in the business of justice dispensation by introducing Judicial Information System (JIS) which is also known as electronic filing or simply put, e-filing.
For an institution that has succeeded over the years in setting precedents, the introduction of e-filing no doubt offers great excitement to many legal practitioners in the state and that include, the judges, lawyers and their administrative staff.
This indeed is a great milestone by the Lagos judiciary and their ever dynamic administration of justice dispensation.

Wednesday, 4 December 2013

Nigeria calls 5,025 lawyers to Bar



Five Thousand and twenty five new lawyers were on Thursday delivered to the nation following their call to the Nigerian Bar.
In the ceremony which held at the International Conference Centre in Abuja, the Chief Justice of Nigeria CJN, Justice Mariam Aloma Muhktar counseled the new lawyers to observe the code of ethics for lawyers in carrying out their duties as ministers in the temple of justice.
She reminded the new wigs that they had an obligation to the court and the society and noted that they have a duty as officers of the court to assist the court in the administration of justice and to observe court decorum and etiquette.
“As lawyers, honour comes first and fees second; the profession has a code of honour which it requires its members to be obedient and it is a code which demands on the part of every lawyer, strict probity and the faithful discharge of his manifold duties which includes, duties to the community, duties to the public, duties to the client, duties to his professional colleagues and above all duties to the court.”
The CJN urged the new lawyers to be punctual in all court appearances and whenever possible, should give prompt notice to the court and other counsel in the case of any circumstances requiring their tardiness or absence.
She further called on them to always conduct their case in logical sequence, thus assisting the court to follow the case with ease adding that they must also show seriousness of purpose, frankness and honesty.
The Director General of the Nigerian Law School, Dr. Tahir Mamman, on his part, charged the new wigs to be good ambassadors of the law profession by distinguishing themselves in conduct within and outside the court.