WHETHER OR NOT

WHEN IS AN APPEAL DEEMED ENTERED AT THE COURT OF APPEAL? by Branham Chima. Subscribe: https://branhamchima.substack.com/embed An appeal is considered to be officially submitted to the Court of Appeal when the records of the previous court’s proceedings are received by the Court of Appeal. Once an appeal has been submitted and until it is finally resolved, the Court of Appeal will have control over the entire case between the involved parties. Unless stated otherwise in the Rules, all applications related to the case must be made to the Court of Appeal and not to the original trial Court. However, it is possible to file an application in the trial Court for it to be transferred to the Court of Appeal. The above position was encapsulated in the National Industrial Court case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘the counsel for the judgment creditor/respondent has also contended that no appeal has been entered before the court of appeal. Let m...

THE INTEREST TO BE SHOWN BY AN INTERESTED PERSON IN ORDER TO APPEAL A DECISION.  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  To ask the court for permission to appeal a decision, a person must have a real and legal interest in the matter that affects them negatively. They need to prove that the decision harms their interest and that they are affected by it. In simple terms, they must show that they are upset or affected by a decision that has wrongly denied them something or affected what belongs to them.  This position was encapsulated in the Nigeria Supreme Court case of Abdullahi v. Nigerian Army (SC.433/2010(R), 25 MAY 2018) per K.B. Aka’ahs JSC. thus: ‘The interest which will support an application for leave to appeal as interested party must be genuine and legally recognisable interest in respect of a decision which prejudicially affects such a person. And for a person to qualify as a person interested, the applicant must show not on...

WHETHER APPEAL HAS TO BE LODGED BEFORE STAY OF EXECUTION CAN BE GRANTED? by Branham Chima. Yes. According to established legal principles, a request to pause legal proceedings or the enforcement of a judgment will not be considered unless an appeal has been formally filed. In simpler terms, the authority to halt the implementation of a judgment can only be used while a legitimate appeal is ongoing. This ensures that there is a legal basis and a proper process in place before any action can be taken to delay or stop the proceedings or execution of a judgment. This position was highlighted in the case of Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021) per Kado J. thus: ‘on issue of filing of appeal or entry of appeal before the court of appeal, the law is well settled that an application for stay of proceeding or stay of execution will not be entertained unless an appeal has been lodged. In other words, the jurisdiction to stay execution of a judgment can only be exercised pe...

WHETHER A WRIT OF FiFa MAY ISSUE IMMEDIATELY A JUDGEMENT IS PRONOUNCED?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  Writ of FiFa: also known as a Writ of Fieri Facias, is a legal document issued by a court to enforce a judgment for the payment of money.  ✓ ANSWER:  Yes.  A writ of FiFa can be used to make sure someone pays money they owe. It has been a common practice for a long time that a writ of FiFa can be issued as soon as the money is due after a judgment is made.  This position was acknowledged in M.O. Olatunji v. Owena Bank (PLC) & Anor. (SC.349/2002, 25 April 2008) thus: ‘A writ of fi fa may issue to enforce a judgment or order for the payment to, or for the recovery by, any person of money. The practice which is well established for many years, is clear, that a writ of fifa may issue immediately upon payment becoming due upon a pronouncement in a judgment and as a matter of course withou...

THE BEST EVIDENCE OF MEMBERSHIP OF A POLITICAL PARTY IS THE REGISTER OF MEMBERS  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  • Membership of political party: refers to the status of being officially affiliated with and recognised as a member of a specific political organisation.  • Register of members: is a formal record maintained by a political party that contains the names and details of individuals who are recognised as official members of the party.  ✓ NOTES:  A political party is considered a legal entity with continuous existence and the ability to take legal action and be taken to court. Similar to a company or a body incorporated, a political party’s register of members is the most reliable evidence of its members. This is similar to the relevant register of members of a company which serves as the strongest legal proof of membership of a properly incorporated company, association, or partnership....

WHETHER A CIVIL FORFEITURE IS AN ACKNOWLEDGEMENT AND PUNISHMENT FOR A CRIME?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  • Forfeiture: refers to the loss of property or rights as a penalty for a crime or wrongdoing. It can involve the government seizing assets or property that are connected to illegal activities or obtained through illegal means.  • Punishment for a crime: refers to the consequences or penalties imposed on an individual who has been convicted of committing a criminal offense. This can include imprisonment, fines, community service, or other forms of legal penalties.  ✓ ANSWER:  No. A civil forfeiture is not an acknowledgment that a crime was committed by an accused person (until the contrary is shown); nor does a civil forfeiture indicates the punishment for a crime.  In Peter Obi & Anor. v. INEC & Ors. (SC/CV/937/2023, Thursday the 26th day of October 2023), the Supreme Court ...

WHAT IS THE SIGNIFICANCE OF A NOTICE OF INTENTION TO DEFEND?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ─── In the Nigeria legal system, there is a concept known as the ‘undefended list’. When a case is placed on the undefended list, it generally means that the defendant has not indicated their intention to contest the claims made by the claimant. As a result, the case may proceed without the active participation of the defendant, and the claimant may potentially obtain a judgment in their favor without a full trial if certain conditions are met.  The Notice of Intention to Defend is closely related to the undefended list because the filing of this notice by the defendant can effectively remove the case from the undefended list. By submitting the Notice of Intention to Defend within the required timeframe, the defendant signals their intent to actively participate in the legal proceedings and present their defense.  The significance ...

WHETHER THERE NEED TO BE AN INVESTIGATION, TRIAL, AND CONVICTION BEFORE THERE CAN BE A FORFEITURE?  by Branham Chima.  Subscribe: https://branhamchima.substack.com/embed  ✓ DEFINITION(S):  • Forfieture: this involves the confiscation or loss of property or assets as a penalty for a criminal offense or as a result of a legal proceeding. This may include the seizure of assets related to criminal activities, such as those involved in drug trafficking or other illegal enterprises.  ✓ ANSWER:  No. The law does not compulsorily provide a need for an investigation, trial, and conviction of the defendant before the alleged proceeds of crime may be forfeited.  This position was encapsulated in the case of Olukoya Ogungbeje Esq. v. EFCC (CA/L/1408/2017, 18 Jul 2018) thus: ‘It is very clear from the wordings of Section 17 of the Advance Fee Fraud and other related offences Act, 2006 as reproduced above that the law recognizes the power of the trial Court to make...

WHETHER IT IS ONLY THE NATIONAL WORKING COMMITTEE OF A POLITICAL PARTY THAT IS SADDLED WITH CONDUCTING PRIMARY ELECTION? by Branham Chima. Subscribe: https://branhamchima.substack.com/embed ✓ DEFINITION(S): • National Working Committee: The National Working Committee (NWC) of a political party in Nigeria is a crucial administrative body responsible for overseeing and coordinating the activities of the party at the national level. It consists of various key positions such as the National Chairman, National Secretary, Treasurer, and others. • Primary election: A primary election is a process within a political party where its members choose the party's candidate for a public office. In Nigeria, primary elections are conducted at various levels, including the local, state, and national levels. ✓ ANSWER: Yes. Only the National Working Committee (NWC) of a political party in Nigeria is saddled with the responsibility of conducting primary elections to determine flag bearers for ...