Orji Agwu Uka Profile picture
Jun 2, 2020 12 tweets 3 min read Read on X
I just received the lovely news that Akintoye J. of the High Court of Lagos State yesterday delivered judgment in the case of The State v. Onuoha where the court convicted and sentenced the defendant to 16 years in imprisonment for the rape of a 14 year old girl. #SayNoToRape
I became acquainted with this case in my former law firm @Babalakinandco when we received the report of the rape incident several years ago and even though we didn't have the first right of prosecution, the firm diligently supported the good team from the Lagos State Ministry...
... of Justice and sent a lawyer from the firm to attend the proceedings every single day from the arraignment until the conviction yesterday. Kudos to Team B&C and in particular Martina Aguocha @LlilMizRed for her diligence and steadfastness.
Incidentally this is my second involvement with a rape case and the first continues to haunt me 10 years later. Hopefully I can now get some closure.
Sometime in 2010, as Head of ABSU Law Clinic I received a phone call that students were about to lynch a security man at a private students lodge, Divine Favour for defiling his niece who was less than 10 years old. They had already started beating him when I got the call.
To avoid an extrajudicial killing & its attendant repercussions I called the Law Clinicians who resided in the lodge to take over the situation, calm the students and report the case to the Police Station. They did exactly that and handled the situation creditably.
A few hours later, I returned to Uturu and then headed straight to the Police Station where I expected to meet the IPO and see the animal. Guess what? There was no IPO and no suspect. Why? There was no record of any such report. I was livid!
The Police had received an oral report and asked my guys to come back on Monday to make written statements. In the meantime they promised to detain the man pending investigations. Instead they released him and the man promptly sneaked out of the State & returned to Imo State.
Even as law students, we didn't give up easily as we wrote a Petition to the DPO in charge of the Isuikwuato Divisional Police and paid visits there even as the expense of our security as it had become our word against that of the Police officers on duty.
In the end the DPO believed us but gave us a Bill of what we must pay before they can send a team of Policemen to another State to effect the arrest of the man. That signaled the end of the story as despite our best efforts, we were unable to raise the funds.
The criminal justice system in Nigeria is still heavily titled in favour of rape suspects or defendants and against the victims. A lot still needs to be done and it is therefore gratifying to read reports of the very rare cases of successful prosecution of rape defendants.
This is a call to other law firms to devote a few hours a week to provide pro bono assistance to the overwhelmed Ministries of Justice in different States in their fight against rape. Kudos to those who are doing so already. If we are to #SayNoToRape all hands must be on deck.

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More from @OrjiUka

Aug 8
Controversial Post Alert!

One thing that we can all agree on is that in the course of its 60+ years of existence, the Supreme Court of Nigeria has proved itself to be one of the most important institutions of the Government of Nigeria. The Court attained this through the thousands of decisions that have emanated from the hallowed chambers of the Court’s Justices.

With an estimate of about 10,000 judgments delivered by the apex Court since 1963, attempting to select the 10 most influential of these cases is an impossible task. But that is precisely what I have set out to do in this thread. Obviously, I am not old enough to have experienced the apex Court in all its glory, but I have a sense of the outstanding history of the Court.

In arriving at this final 10, I have considered the frequency with which the chosen cases have been cited subsequently in other cases; I have prioritised decisions that have stood the test of time, especially those that have not been overturned or are unlikely to be overturned; I have included famous and notorious decisions alike, including some that I don't like; and also those that changed the course of history; etc.

Any Nigerian lawyer that is not familiar with these cases should safeguard their Call to Bar Certificate as their most prized possession, because if the Council of Legal Education sees it, they are entitled to retrieve it.

I should also add that this listed is limited to decisions of the Nigerian Supreme Court and so landmark cases such Rylands v Fletcher (1868), Carlill v Carbolic Smoke Ball Co (1893), Salomon v Salomon & Co Ltd (1897), Donoghue v Stevenson (1932), Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948), etc. which greatly influenced, and perhaps continues to influence legal jurisprudence in Nigeria, have no place in the list.

Without further ado, please see below my list of the 10 Most Influential Judgments of the Nigerian Supreme Court since 1960.
1. Madukolu v. Nkemdilim (1962) 2 S.C.N.L.R. 341

When the Federal Supreme Court Coram Brett, Taylor and Bairamian (F.JJ.) delivered the judgment in Madukolu v. Nkemdilim on Monday, the 12th day of November 1962, I am not sure that even they knew how far reaching that judgment would go. I do not think that there is any other Nigerian case that has been cited as many times as Madukolu v. Nkemdilim which established the fundamental principles of a court's competence to exercise jurisdiction. In essence, the Supreme Court held that a court must be properly constituted, the subject matter must be within its jurisdiction, the case must be initiated by due process, and any conditions precedent to jurisdiction must be fulfilled. It is impossible for you to argue the question of jurisdiction without referencing or thinking about Madukolu v. Nkemdilim. This is why the case made its way to the top of the list.
2. Lakanmi v. AG West (1971) 1 UILR 201

Some of the features of the military interventions that Nigeria suffered from 1966 to 1999 were the suspension of certain provisions of the Constitution; the instatement of Military Decrees as the supreme law of the land; and the introduction of ouster clauses that severely limited the jurisdiction of courts to challenge and the decisions of the military administrations. One of the early challenges faced by the Nigerian judiciary following the first of such military interventions in 1966 was whether the Military rulers were above the law or whether their actions were subject to judicial review by courts. Lakanmi v. AG West provided the Supreme Court with perhaps the first opportunity to address this question, and the Supreme Court rose to the occasion with a statement judgment on 24 April 1970. It had to take the enactment of Decree No. 28 of 1970, by the Federal Military Government to specifically overturn Lakanmi v. AG West and retroactively validate military decrees and oust the jurisdiction of courts to review them. This decision also gave birth to the famous “doctrine of necessity” which we have since abused and applied to sundry and mundane issues.
Read 12 tweets
Apr 21
I am not a Catholic, but for decades - especially since reading David Yallop’s book, THE POWER AND THE GLORY and Dan Brown’s novel, ANGELS AND DEMONS - I have been intrigued by the Catholic Church. This might not come out well, but for a church steeped in a 2000-year-old tradition, one of the most fascinating Catholic events is the death of a Pope.Image
When a Pope dies, the world literally stops for a while and the major networks cease their originally scheduled programming for hours, if not days.
Incidentally the last time a sitting Pope died was on 2 April 2005, which means that many have never witnessed the traditions and ceremonies that surround the death and funeral of a Pope. With the passing of Pope Francis today, Easter Monday at the age of 88, I decided to explore this.
Read 22 tweets
Apr 11, 2023
In recent times, I have been seeing tweets asking what became of the criminal trial involving Senator Orji Uzor Kalu, former Governor of Abia State, Senator representing Abia North Senatorial Zone and the Senate Chief Whip. Those tweets also piqued my interest and got me digging.
I present to you an intriguing case that raises several questions about the Nigerian criminal justice system. This is merely an informative or, if you like, educative thread and will not involve my personal views. Also, everything here is sourced from publicly available info.
About 16 years ago, precisely in the year 2007, the Federal Republic of Nigeria acting through the EFCC commenced criminal proceedings against Senator Orji Uzor Kalu; Ude Udeogu, former Director of Finance & Accounts; and Slok Nigeria Limited, a company belonging to Senator Kalu.
Read 40 tweets
Mar 10, 2023
In the midst of all this negativity brewing all around, I thought it was an opportune moment to recognise one Nigerian for his contributions to the development of this country. That Nigerian is Chief Kanu Godwin Agabi, SAN. And I am only focusing on one aspect, his generosity. Image
I don't know Chief Agabi SAN personally or rather he doesnt me personally. I have not worked with and/or for him. I have only appeared against him in one case about 7 years ago. But, I have been a beneficiary of his generosity.
During our Law School days in 2011/2012 when man was still hustling, I was posted to a law firm in Asokoro Extension (names withheld @kdaodu please take note) and I heard there was this law firm in Mabushi where they served the students and all staff lunch everyday.
Read 12 tweets
Feb 10, 2023
1. For decades, something critical has been missing in the justice delivery system in Nigeria - the lack of clarity regarding the jurisprudential or ideological leanings of our Justices, especially the Law Lords at the Supreme Court. In a way this shouldn't have been a surprise.
2. The best thing a country's justice system can offer the business community is legal certainty. It is secondary if court decisions are wrong, or wrath injustice. What is primary is that the legal community must be able to consistently prophesy with a reasonable degree ...
... of accuracy, what the courts of the country will do when presented with any given situation. One way to achieve that is by being able to decipher the ideological leanings of the Justices, especially of the policy court.
Read 20 tweets
Jun 8, 2022
I will start this thread with a quote from a tweet by @OmoGbajaBiamila earlier today, “[d]emocracy guarantees your right to freedom of choice. However, that choice of yours is up for debate, questioning and critique by others, and that's another right guaranteed by democracy.”
The above has become necessary in view of the torrents of abuses that supporters of Mr. Peter Obi now routinely dish out to anyone who exercises a constitutional right to express an opinion against his candidature. These days, that's all it takes to become public enemy No. 1.
The abuses reached their zenith in the days ahead of the PDP presidential primaries before Peter Obi resigned his membership of the PDP. It got to the extent that Mr. Obi had to publicly censure his supporters and urged them to be of better conduct.
Read 34 tweets

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