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.

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. 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.

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.

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. 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.

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 ...

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.

On 25 February 2022, President Muhammadu Buhari reluctantly assented to the new Electoral Act, 2022, but objected to Sec. 84(12) in the Act, and asked the National Assembly to re-consider it. On 9 March 2022, the National Assembly the National Assembly declined this request. On 16 March 2022, the Hon Attorney General of the Federation while fielding questions from correspondents after the weekly FEC Meeting hinted that the FGN (Executive) is considering suing the National Assembly. On 18 March 2022, the Federal High Court struck down the section.

Sometime in 2009 while serving as a Judge of the SUG High Court of Abia State University, Uturu I was appointed into a judicial panel of inquiry headed by my learned brother as he then was, Hon. Justice Ifeanyi Idika to investigate an act of alleged sabotage by Motorcycle Riders. The background to this was that for years, Motorcycle riders in ABSU historically increased their fares during examination period to take advantage of students. So the SUG President devised a cerebral means to tackle this. He brought in competition by buying KEKE NAPEP tricycles.

On my way to work today, while catching up on my myriads of unread WhatsApp messages, I decided to scan through the compilation of newspaper headlines and one caught my attention, "Senate mulls life imprisonment for kidnappers." I got confused 😕 What's the Senate's business? I was confused because the last time I was taught Constitutional Law in school, I knew it was not within the legislative competence of the National Assembly to make law on crimes (except in specific cases) except for the FCT. So I decided to read at least 3 versions of the story.

That it is contained in a law (not the Constitution) does not make it valid. The 1999 CFRN is supreme and its provisions have binding effect on all bodies and persons. Where any law is inconsistent with the CFRN, such law shall be null and void to the extent of the inconsistency. The Supreme Court has made clear the essence & purpose of ex parte applications and the circumstances under which interim orders can be granted. Indeed in the old line of cases (from the golden era) led by Kotoye v CBN, the Court explained the transient nature of interim orders:

On Tuesday 8 August 2000 the then Senate President (my personal fav) the Late Dr Chuba Wilberforce Okadigbo was removed from office on allegations of corruption/misuse of public funds. That same day I first learnt of the extraordinary exchange between him and Dr Nnamdi Azikiwe. We all remember Dr Nnamdi Azikiwe (Zik) as the 1st indigenous Governor General of Nigeria & the 1st President, who was removed from office in the infamous coup of January 1966. What is less known in this history deprived era is that Zik subsequently tried in vain to be President.

A Senior Advocate of Nigeria who knows, or reasonably ought to know, that ex parte orders have limited life span, typically 7-14 days, asked a court to make an order freezing the accounts of Nigerian citizens for 120 days! And a judge who is deemed to know better granted 90 days! Apologies, the learned Silk actually asked for the accounts to be frozen for 180 days!

THERE IS STILL HOPE FOR NIGERIA AFTER ALL: THE #ENDSARS PROTESTS AND WHAT IT (PERSONALLY) MEANS TO ME.

A TRUE LIFE STORY THAT I HOPE SOME CAN RELATE WITH. AS I TYPE THIS ALL THE EMOTIONS OF THE PAST 24 MONTHS ARE COMING BACK.

A THREAD! On 24 January 2020 while aboard the Emirates Airways Flight EK30 from London Heathrow Airport to Dubai, United Arab Emirates from where I was to take a connecting flight to Lagos, I found myself lost in thought, which was predominantly one of melancholy.

Anyone [lawyer or otherwise] who is interested in International Investment Law or International Economic Law or generally interested in that aspect of economic development can check out the following sources of free materials.

https://twitter.com/OrjiUka/status/1264645818553896960

For comprehensive information or materials look no further than the Website of The United Nations Conference on Trade and Development (UNCTAD). They have up to date information on investment policies, Bilateral and Multilateral investment agreements etc.
investmentpolicy.unctad.org

The accuracy in this tweet has given me an opportunity to discuss something I have been forgetting to. We from the South always find it convenient to blame the North of having a "born to rule" mentality. Assuming that's true, a fair share of the blame belongs to us.

https://twitter.com/AfamDeluxo/status/1311003857837752323

From my study of the political system in Nigeria I can say confidently, and proceed to demonstrate, that apart from President Buhari who appears to have the mentality of "what will you do?" Northern political leaders have simply been more strategic than the Southerners.

In light of the judgment of the FCT High Court reportedly awarding the sum of N50 million as damages to Osimibibra Warmate against Senator Elisha Abboz who the Senator was caught on tape assaulting, it is time to revisit this tweet especially the part about "no justice".

https://twitter.com/QueenExtha/status/1289314199508639744

I expect all Legal System lectures in Nigerian Universities to use this incident to illustrate to their students the stark difference between the two pillars of the Nigerian adjectival law - criminal procedure system and the civil justice system. If only they update their notes.

One of the most impactful books that I have read is ‘The Outliers’ by Malcolm Gladwell. The Book is a contradiction of sorts because it talks about those who have talents that mark them apart & make them special, yet a central point of the Book is that there is no self-made man. In the journey to the top (you and I know that I am on my way) we are often blessed with those who God places on our path to facilitate that journey as well as those whose responsibility in our lives is to provide a stumbling block. It takes a discerning mind to decipher which.

I like the emphasis on fundamental rights of citizens in this Police Establishment Bill 2020 that I am reading. I only hope there isn't too much of a difference between this version and what the President signed into law yesterday. The Police Establishment Bill 2020 (& hopefully the Act) provides that the minimum qualification for appointment as Inspector General of Police is first degree. 👌🏾Introduce similar requirement for election to the office of President of Nigeria and see all hell break loose 😭

Good morning and welcome to this inter-denominational and indeed inter religious service. The topic of my exhortation today is "Woe to the Wicked Harlot" and my reading is taken from the Book of 1 Kings 3:16-28. The First Book of Kings in the Old Testament begins with the declining strength of possibly the greatest King in the history of Israel, King David. Before his death, David gave some wise counsel to his son, Solomon who ultimately took his place and the King of Israel.

Our distinguished SANs should take their L in peace and move on please. Before you know it, the tenure of office of the NBA President would have ended. The more they dig, the more it reflects badly on them. Olumide Akpata did not emerge without support of some SANs as well 🤷🏾‍♂️ Meanwhile it is just now I am realising that the Body of Senior Advocates of Nigeria named Chief J. K. Gadzama SAN (who lost election in 2016) to HEAD the committee to audit the 2016, 2018 & 2020 NBA elections, thereby making him a judge in his own cause. What more can I say?

Sometime in June 2020, I published a paper titled, 'A Call for the Establishment of a Pan-African Harmonised Private International Legal Regime to Actualise Agenda 2063'.

https://twitter.com/OrjiUka/status/1283509214053269506

I joined eminent writers in issuing a clarion call for the wider study of private international law (PIL) in general & a harmonised African PIL in particular. What I didn't mention was that [believe it or not] before June 2020, there was NO comprehensive PIL Textbook in Nigeria.