Introduction:

Welcome to our Legal News and Updates section, where you can stay informed about the latest developments, trends, and changes in the legal field. This page is your go-to source for staying informed about the ever evolving legal landscape. Our goal is to keep you updated with the most important legal news affecting practitioners, clients, and the broader community.

Disclaimer:

The information provided in this Legal News and Updates section is for general informational purposes only. While we strive to ensure the accuracy and timeliness of the content, it should not be construed as legal advice. For specific legal concerns or professional advice, please consult with a qualified legal practitioner. We are not responsible for any actions taken based on the information provided here.

• PRESIDENT TINUBU SWEARS IN JUSTICE KEKERE-EKUN AS ACTING CHIEF JUSTICE OF NIGERIA

In a significant development for Nigeria’s judiciary, President Bola Ahmed Tinubu has sworn in Justice Olukayode Kekere-Ekun as the Acting Chief Justice of Nigeria, pending her confirmation by the Senate. The swearing-in of the 23rd Chief Justice of Nigeria and the second female justice to hold the office took place at the State House and marks a pivotal moment in the leadership of the Nigerian judiciary.

Justice Kekere-Ekun’s appointment comes at a crucial time as the country navigates various legal and judicial reforms. As Acting Chief Justice, she will oversee the Supreme Court’s operations and contribute to shaping the future of Nigeria’s legal system.

For more details on this important appointment, read the full article here.

• THE COURT OF APPEAL SAYS HEARSAY RULE IS APPLICABLE TO AFFIDAVIT EVIDENCE

In a notable decision, the Nigerian Court of Appeal ruled in Ibeto & Anor v. Oguh (2022) LPELR-56803(CA) that affidavit evidence deposed by someone not directly involved in the matter is considered hearsay and is therefore inadmissible. The court held that a litigation clerk, who was not part of the transaction in question, could not testify to “the truth of the matter asserted,” rendering the affidavit incompetent.

This decision is controversial as it appears to conflict with Section 115(3) & (4) of the Evidence Act, 2011, which permits affidavits to contain statements based on information and belief, provided the source is disclosed. The Court of Appeal, however, did not find this provision convincing enough to exclude the hearsay rule from such affidavits.

Adding to the complexity, the Court of Appeal had earlier ruled in First Trustee (Nig) Ltd & Ors v. Intels (Nig) Ltd Ors (2022) LPELR-57080(CA), in line with the Supreme Court’s decision in Akinlade v. INEC (2019) LPELR-55090(SC), that lawyers cannot depose to affidavits on behalf of their clients in contentious matters. This creates a dilemma: lawyers cannot depose to affidavits themselves, and if their litigation clerks or clients do, the affidavits risk being classified as hearsay, as seen in the Ibeto case.

These rulings present significant challenges for legal practitioners, who must navigate these conflicting decisions while ensuring that affidavit evidence is admissible and reliable.

• SUPREME COURT AFFIRMS THE INADMISSIBILITY OF CONFESSIONAL STATEMENTS MADE IN VIOLATION OF ACJA PROVISIONS
  

The Nigerian Supreme Court, in the case of FRN v. Nnajiofor (2024) 10 NWLR (Pt. 1947) 443, has delivered a landmark judgment affirming that any confessional statement obtained in contravention of the Administration of Criminal Justice Act (ACJA) is incompetent and therefore inadmissible. This ruling reinforces the mandatory nature of Sections 15(4) and 17(2) of the ACJA, which stipulate that a legal practitioner or a person of the accused’s choice must be present during the recording of a confessional statement, or alternatively, the process must be video recorded.

In delivering the judgment, Saulawa, JSC, stated at page 471, Paras F-H:

“In the instant case, as aptly found by the court below, the provisions of Sections 15(4) and 17(2) of ACJA 2015 (supra) have strictly provided for a procedure of recording the statement of the Defendant. Thus, there is no gainsaying the fact, that failure to perform the act in accordance with the dictates of those provisions of the law would be deemed to be a flagrant non-compliance with the law. In such a situation, the court would be entitled to invite its interpretative jurisdiction to hold, that the non-compliance with the law is against the recalcitrant party.”

This ruling aligns with the earlier decision in Charles v. State of Lagos (2023) LPELR-60632(SC), further cementing the legal principle that non-compliance with ACJA provisions renders a confessional statement inadmissible. The implications of this are profound, as it ensures that the rights of the accused are protected and that any confessional statement must be obtained following the strict procedural requirements outlined by the ACJA.

• COURT OF APPEAL REVERSES RULING PROTECTING EX-KOGI GOVERNOR YAHAYA BELLO FROM ₦80 BILLION MONEY LAUNDERING TRIAL

In a significant legal development, the Court of Appeal has overturned a previous ruling that shielded former Kogi State Governor Yahaya Bello from standing trial for an alleged ₦80 billion money laundering case. This reversal paves the way for Bello to face charges related to financial misconduct during his tenure. The decision highlights the judiciary’s commitment to holding public officials accountable and reinforces the ongoing efforts to combat corruption in Nigeria.

For more information, read the full article here.

• SENIOR ADVOCATES URGE INCOMING CJN JUSTICE KEKERE-EKUN TO REFORM JUDICIARY AND RESTORE PUBLIC CONFIDENCE

In a recent development, several Senior Advocates of Nigeria (SANs) have called on the incoming Chief Justice of Nigeria (CJN), Justice Kekere-Ekun, to prioritize judicial reforms and work towards restoring public confidence in the nation’s judiciary. These legal experts emphasized the need for significant changes to ensure transparency, fairness, and efficiency in the administration of justice. Their appeal underscores the growing concern over the current state of the judiciary and the vital role that the incoming CJN could play in revitalizing the system.

For more details, read the full article here.

• COURT RULES BREAKING BEER BOTTLES AS ECONOMIC SABOTAGE, ORDERS EFCC TO INTERVENE

A recent court ruling in Nigeria has declared that the act of breaking beer bottles constitutes economic sabotage. This decision is significant as it highlights the wastefulness and economic impact of destroying consumable goods. The court has further directed the Economic and Financial Crimes Commission (EFCC) to take action against such activities, emphasizing the need to protect economic assets and prevent actions that could harm the nation’s economy. This ruling underscores the legal system’s role in safeguarding economic stability and may set a precedent for similar cases in the future.

For more details, you can read the full article here.

• #ENDBADGOVERNANCEINNIGERIA ORGANIZERS PLAN NEW PROTEST IN OCTOBER

The organizers of the #EndBadGovernanceInNigeria movement are planning a new protest set for October. This follows ongoing concerns about governance issues in the country, with the organizers aiming to reignite public awareness and demand accountability from government leaders. The planned demonstration is expected to draw significant attention, as the movement continues to push for reforms and better governance in Nigeria.

For more information, read the full article here.

• FORMER CJN WALTER ONNOGHEN RESUMES LEGAL BATTLE AGAINST 2019 CCT JUDGMENT

Former Chief Justice of Nigeria (CJN) Walter Onnoghen has resumed his legal battle against the 2019 judgment of the Code of Conduct Tribunal (CCT), which led to his removal from office. Onnoghen is challenging the ruling at the Court of Appeal, seeking to overturn the decision that found him guilty of false asset declaration. This move comes as he continues to fight for the restoration of his reputation and to challenge the legality of the CCT’s verdict.

For more details, read the full article here

• NBA PARTNERS WITH LAWPAVILION TO LAUNCH DIGITAL STAMP AND SEAL

The Nigerian Bar Association (NBA), led by President Yakubu Chonoko Maikyau, SAN, has introduced a Digital Stamp and Seal system in collaboration with LawPavilion. This new system, which utilizes blockchain technology, aims to secure and verify legal documents, addressing the limitations of traditional physical stamps.

This innovation is part of President Maikyau’s broader efforts to modernize the legal profession in Nigeria. By enhancing document security and streamlining legal processes, the Digital Stamp and Seal represents a significant leap forward in the NBA’s digital transformation journey. 

For more details, visit the NBA blog.

• NERC GRANTS MINI-GRID ELECTRICITY GENERATION PERMITS TO GOLDEN PENNY, MTN, and OTHERS

The Nigerian Electricity Regulatory Commission (NERC) has issued mini-grid electricity generation permits to several companies, including Golden Penny and MTN. These permits allow the companies to generate and distribute electricity within specific areas, aiming to enhance power supply reliability and support industrial growth. The initiative is part of a broader effort to diversify Nigeria’s energy sector and reduce dependency on the national grid.

For more information, read the full article here.

• LPDC REMOVES OPEYEMI TIMOTHY ABIKOYE FROM ROLL OF LEGAL PRACTITIONERS 

In a recent decision, the Legal Practitioners Disciplinary Committee (LPDC) has struck off Opeyemi Timothy Abikoye from the roll of legal practitioners. This action follows findings related to professional misconduct. The LPDC’s ruling emphasizes its commitment to maintaining high standards within the legal profession and ensuring that all practitioners adhere to ethical guidelines.

For further details on this significant development, read the full article here.

• JONATHAN CHINEDU NWAGWU SUSPENDED FOR THREE YEARS BY LPDC

The Legal Practitioners Disciplinary Committee (LPDC) has imposed a three-year suspension on Jonathan Chinedu Nwagwu from the legal profession. This decision comes after findings of professional misconduct involving financial discrepancies. In addition to the suspension, Nwagwu has been ordered to refund over ₦2 million. This ruling underscores the LPDC’s commitment to enforcing ethical standards and ensuring accountability among legal practitioners.

For more details, read the full article here.

• LPDC SUSPENDS CYPRIAN OBIORA IFEANYI AGWUNA FOR TWO YEARS

The Legal Practitioners Disciplinary Committee (LPDC) has imposed a two-year suspension on Cyprian Obiora Ifeanyi Agwuna from practicing law. This decision follows an investigation into professional misconduct, demonstrating the LPDC’s commitment to maintaining ethical standards within the legal field.

For more details, read the full article here.

• LPDC SUSPENDS EDWARD OSEGHALE FROM LEGAL PRACTICE FOR TWO YEARS

The Legal Practitioners Disciplinary Committee (LPDC) has announced a two-year suspension for Edward Oseghale from practicing law. This decision follows a thorough investigation into professional misconduct. The suspension reflects the LPDC’s ongoing efforts to uphold the integrity of the legal profession and enforce disciplinary measures where necessary.

For further details, read the full article here.

• ASUU GIVES FG 21-DAY STRIKE NOTICE

The Academic Staff Union of Universities (ASUU) has issued a 21-day strike notice to the Federal Government (FG), citing unresolved issues affecting university staff and institutions. This notice signals a potential disruption in academic activities if demands are not addressed.

For more details on this development, read the full article here.