• Rethinking Jurisdiction under the Nigerian Legal System: Need for Realignment to First Principles

    Rethinking Jurisdiction under the Nigerian Legal System: Need for Realignment to First Principles

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    Onoriode Aziza, Associate (Nigeria) at Herbert Smith Freehills LLP, London in “Rethinking Jurisdiction under the Nigerian Legal System: Need for Realignment to First Principles” argues that the jurisdiction of a court is analogous to the judicial function of the sovereign power of the state, hence, a court only truly lacks jurisdiction if it lacks the authority to adjudicate over the subject-matter of the dispute. In all other cases, the court has jurisdiction, but through the exercise of its discretion, in line with statute or its rules, may decide not to exercise such jurisdiction. He examines the number of courts and tribunals of concurrent jurisdiction below the Court of Appeal and takes stock of the judiciary’s interpretation of the concept of jurisdiction, arguing that the courts have conflated the concepts of “jurisdiction” and “competence” or the “existence” and “exercise” of jurisdiction, using the Supreme Court decision in Agip Nigeria Limited v Agip Petroli International and Others as a case study. He calls for a reversal of the principles laid down in Madukolu v Nkemdilim, to the extent that the case purports to lay down principles to determine the existence of jurisdiction.

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  • Issues in Service of Court Process on Companies

    Issues in Service of Court Process on Companies

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    Dr Abiodun Amuda-Kannike SAN, Principal, Amuda-Kannike (SAN) & Co and Lecturer, Faculty of Law, Niger-Delta University, Wilberforce Island in his article, “Issues in Service of Court Process on Companies” examines the provision of the Companies and Allied Matters Act and various Rules of Court on service of court processes on companies. He bemoans the decision of the Supreme Court in Mark v Eke, that substituted service of court processes cannot be made on a company, as technicality-laden, a recipe for injustice and out of sync with modern business process.

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  • Judgement Creditor Seeking Permission from an Adversary: An Exposition of the Practice of Garnishee Proceedings in Nigeria

    Judgement Creditor Seeking Permission from an Adversary: An Exposition of the Practice of Garnishee Proceedings in Nigeria

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    Dr Abdulrazaq Abdulkadir of the Department of Private & Property Law, University of Ilorin in his article “Judgment Creditor Seeking Permission from an Adversary: An Exposition of the Practice of Garnishee Proceedings in Nigeria” examines the practice of courts requiring judgment creditors seeking to file garnishee proceedings against the government to seek the consent of the Attorney General. He argues that the practice is against the provision of the 1999 Constitution and may be a result of a misconception of the implications of Section 84 of the Sheriffs and Civil Process Act.

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  • Defining the Scope and Limit of the Doctrine of Lis Pendens Need for a Restatement of Principles

    Defining the Scope and Limit of Application of the Doctrine of Lis Pendens: Need for a Restatement of Principles

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    Gbenga Ojo, Lecturer, Lagos State University & Principal, Gbenga Ojo & Co in “Defining the Scope and Limit of Application of the Doctrine of Lis Pendens: Need for a Restatement of Principles” dissects several decided cases on the doctrine of lis pendens and argue that some of them including a Supreme Court case may have been decided per incuriam.

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