Posts

Showing posts from January, 2023

POLICE SERVICE COMMISSION OR BOTH? : The Proper Party to Join and Hold Vicariously Liable in Fundamental Rights Suits

Image
NIGERIA POLICE FORCE OR POLICE SERVICE COMMISSION OR BOTH? : The Proper Party to Join and Hold Vicariously Liable in Fundamental Rights Suits   By ~ Meti M. Ukpeh, Esq.          [Ama-Mme Anana-Owo]  INTRODUCTION : I will not bore readers with what constitutes fundamental rights suits, as these are elementary knowledge to lawyers. Most times, these fundamental rights matters have the Nigeria Police Force, Police Service Commission or both joined by an aggrieved applicant. Note: Police, in the usual context, include other security agencies. See: S.492 of Interpretative Section of Administration of Criminal Justice Law of Akwa Ibom State, 2022. However, this work will use the word "Police" in the restrictive and literal sense of Nigeria Police Force.  Before now, it has been a rigid practice that since the Police Service Commission (hereinafter referred to as "Commission") is the employer of police officers in Nigeria, the commission ought to be sued, joined and/or vic

THE LANDMARK JUDGEMENT JAMES V. GOVERNOR OF EDO STATE & ORS, (2021) LPELR-54203 (CA)

Image
      THE LANDMARK JUDGEMENT  JAMES V. GOVERNOR OF EDO STATE & ORS, (2021) LPELR-54203 (CA)                        BY  METI MONDAY UKPEH ESQ.  (AMA-MME ANANA-OWO)   UYO NBA BRANCH 08164013230 Metiukpeh8899@gmail.com ABSTRACT Verily, Denis de Braxton, a famous legal philosophy, had said thus: the world is governed by man, divine or law. Accordingly, law as a modulator of conducts in the society has had various applications in nations and Nigeria is one of those nations as evident in its laws such that infractions to these laws have a resultant consequence. One of the major areas of law that has the highest rate of infringements is the area of fundamental rights that have been enshrined in the constitution of Nigeria (chapter IV). These rights are inherent and inures on every being such that infringements on them have local or domestic and international sanctions as evident in so many international treaties, conventions, protocols of international and regional bodies of comity of nat