Posts

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...

NEWSPAPER PUBLICATION, ET AL, AN UNNECESSARY SPARE PART IN CHANGE OF NAME: UNTANGLING THE CONUNDRUM, LAW AND PROCEDURE IN CHANGE OF NAME

Image
NEWSPAPER PUBLICATION, ET AL, AN UNNECESSARY SPARE PART IN CHANGE OF NAME: UNTANGLING THE CONUNDRUM, LAW AND PROCEDURE IN CHANGE OF NAME By ~ Meti M. Ukpeh, Esq.            [Ama-Mme Anana-Owo]  ABSTRACT: Verily, it is not a discombobulation, but a sigh of relief, a breath of fresh air, solace and succour that the law, through the judgment of the apex court in the land, has given the perspective and procedure for change of name a facelift. It is a truism that human biosphere recognizes a name as the most cherished identity; hence the law upholds and protects the sanctity of name. Against the hitherto stringent procedures for change of name, the law continues to prescribe and ameliorate the procedure for change of name hitherto obtainable in Nigeria. Hence, one may wish, so long as the wish or intention is legal, to change his/her name for diverse reasons--this could be as a result of marriage, divorce, adoption, extinction of name, professional reasons, among others. These seamless meas...

OPEN EPISTLE TO NBA PRESIDENT, Y. C. MAIKYAU, SAN: A CALL ON NBA TO REVISIT THE 2015 COURT OF APPEAL JUDGEMENT ON SCUML REGISTRATION

Image
The President  Nigerian Bar Association  Abuja.  Dear President,  OPEN EPISTLE TO NBA PRESIDENT, Y. C. MAIKYAU, SAN: A CALL ON NBA TO REVISIT THE 2015 COURT OF APPEAL JUDGEMENT ON SCUML REGISTRATION My learned silk, a very warmest compliment of the season sir.  Most humbly sir, it is no longer news that the new law, MONEY LAUNDERING (PREVENTION AND PROHIBITION) ACT, 2022, has listed law firms as one of the non-financial institutions that must register with Special Control Unit against Money Laundering.  With respect sir, as you are already aware, the argument on whether or not a law firm requires SCUML certificate was settled in 2015 when the Court of Appeal ruled that "law firms are excluded from providing SCUML certificate in the course of their operations in order to comply with the rule of confidentiality for legal practitioners". (See Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014) and; CBN V. NBA & AGF (Appeal ...

"I support Persona not Political Party. Akpabio (GSM) is the next Senator for Ikot Ekpene Sen. Dist.,2023".

Image
"I support Persona not Political Party. Akpabio (GSM) is the next Senator for Ikot Ekpene Sen. Dist.,2023". ~ Meti M. Ukpeh, Public Affairs Analyst declares It is no longer news that as the 2023 general elections draw near, candidates are making earnest preparations for the elections, while some are clogged by litigations or court matters, hence to fine-tune their pursuits before the deadline by INEC for parties and candidates to put their houses in order. It is evident that one of the bigwigs who needed to put his house in order was the former Governor of Akwa Ibom State, Ex- Minister and a Senator, Mr. Godswill Obot Akpabio as his name was not published as eligible candidate for election by INEC Consequently, the Federal High Court sitting in Abuja in its decision today, delivered its pre-election judgment in favour of the Ex-Governor mandating the INEC to publish the name of Akpabio as the APC Candidate for Ikot Ekpene Senatorial District for the forthcoming general electi...

CUSTOMARY COURTS LAW OF AKWA IBOM STATE, 2022; IS THE CUSTOMARY COURT NOW A COURT OF COORDINATE JURISDICTION WITH MAGISTRATES’ COURTS? : AN INSIGHT THEREOF

Image
CUSTOMARY COURTS LAW OF AKWA IBOM STATE, 2022; IS THE CUSTOMARY COURT NOW A COURT OF COORDINATE JURISDICTION WITH MAGISTRATES’ COURTS? : AN INSIGHT THEREOF By ~ Meti M. Ukpeh, Esq. ABSTRACT There is no sweet-coating or mincing words regarding the positive breakthrough of the current dispensation of Akwa Ibom Government through the Ministry of Justice, especially in 2022, in letting loose many laws that had hitherto piled up over the years. It is worthy of commendation that one of such laws brought into force is the Customary Courts Law signed into law on the 15th day of July, 2022. Notable and indeed a glorious provision of the said law that is well celebrated is Section 26 that allows for representation of a litigant by a legal practitioner in the Customary Courts. However, this work will delve into the new law to exude some disturbing provisions of the law with special regard to the powers and factions of the Customary Courts vis-Ă -vis the power and factions of the Magistrates’ Court...

"I support Persona not Political Party. Akpabio (GSM) is the next Senator for Ikot Ekpene Sen. Dist.,2023".

Image
"I support Persona not Political Party. Akpabio (GSM) is the next Senator for Ikot Ekpene Sen. Dist.,2023". ~ Meti M. Ukpeh, Public Affairs Analyst declares It is no longer news that as the 2023 general elections draw near, candidates are making earnest preparations for the elections, while some are clogged by litigations or court matters, hence to fine-tune their pursuits before the deadline by INEC for parties and candidates to put their houses in order. It is evident that one of the bigwigs who needed to put his house in order was the former Governor of Akwa Ibom State, Ex- Minister and a Senator, Mr. Godswill Obot Akpabio as his name was not published as eligible candidate for election by INEC Consequently, the Federal High Court sitting in Abuja in its decision today, delivered its pre-election judgment in favour of the Ex-Governor mandating the INEC to publish the name of Akpabio as the APC Candidate for Ikot Ekpene Senatorial District for the forthcoming general electi...