Author: amakaekelawoffice
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What Is a Bail Bond in Nigeria? A Simple Legal Guide
A bail bond is a key requirement for securing release after arrest in Nigeria. This guide explains what a bail bond is, the role of sureties, and what happens if bail conditions are breached.
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Is Bail Really Free in Nigeria? What the Law Says and What to Do If Police Demand Money
Many Nigerians have heard the phrase “bail is free,” but its meaning is often misunderstood. This article explains the legal position on bail in Nigeria, the constitutional protections involved, and what to do if money is demanded before bail is granted.
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How to Write a Demand Letter for Debt Recovery in Nigeria
A demand letter is often the first step in recovering a debt in Nigeria. It formally notifies a debtor of the outstanding amount owed and gives them a specific deadline to pay before legal action is taken. A properly written demand letter can encourage settlement, create useful evidence, and sometimes resolve the dispute without the…
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Non-Service of Garnishee Order Nisi: Supreme Court Clarifies Burden of Proof in VITACHEM v. DSM SINOCHEM (2026)
The Supreme Court in VITACHEM (Nig) Ltd v DSM Sinochem Pharmaceuticals India Pvt Ltd (2026) clarified the consequences of alleging non-service of a garnishee order nisi. The Court emphasized that allegations of non-service must be supported by clear affidavit evidence and cannot be raised through counsel’s argument.
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Change of Name Under Nigerian Law: Legal Effect on Rights, Identity, and Proceedings
Nigerian courts have consistently held that a change of name does not extinguish legal rights or invalidate legal proceedings. This article examines key decisions of the Court of Appeal on personal names, corporate identity, and electoral disputes.
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Extradition in Nigeria: What the Courts Require and Why
Extradition is the legal process through which one country surrenders a person to another country for prosecution or punishment. This article examines the Nigerian extradition framework, key statutory provisions, and important judicial decisions guiding extradition proceedings.
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Human Trafficking Offences in Nigeria: Key Legal Principles from Appellate Decisions
Human trafficking offences in Nigeria are primarily governed by the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015. This article examines key appellate decisions explaining the elements of trafficking offences, including procurement, deceitful inducement, and exploitation.
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Insanity as a Defence in Nigerian Criminal Law
The defence of insanity is a complete defence in Nigerian criminal law where an accused person is incapable of understanding the nature or wrongfulness of their actions due to mental illness. This article examines the legal framework and key appellate decisions explaining how courts assess the insanity defence.
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The Illiterates Protection Act in Nigeria: Meaning, Requirements, and Key Court Decisions
Illiterates Protection Laws in Nigeria safeguard persons who cannot read or write from exploitation in written transactions. This article explains the statutory requirements, consequences of non-compliance, and key Nigerian court decisions interpreting the law.
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The Defence of Alibi in Nigerian Criminal Law: Meaning, Requirements and Key Court Decisions
The defence of alibi is a powerful criminal law defence where an accused person claims to have been elsewhere when the offence occurred. This article explains the meaning, legal requirements, burden of proof, and Nigerian court decisions on the defence of alibi.
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The Role and Authority of Notaries Public in Nigeria
A Notary Public plays an important role in authenticating documents, administering oaths, and certifying instruments for use in Nigeria and abroad. This article explains the powers, duties, appointment process, and legal limitations of Notaries Public under Nigerian law.
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The Law on Arrest of Judgment in Nigerian Courts
Arrest of judgment is a concept largely associated with criminal procedure and is generally unknown to Nigerian civil proceedings. This article examines the position of Nigerian courts on attempts to prevent the delivery of a reserved judgment.
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The Right to Peaceful Assembly and Association in Nigeria
Section 40 of the 1999 Constitution guarantees every Nigerian the right to peaceful assembly and association. This article explains the scope, limits, and judicial interpretation of the right to freedom of association in Nigeria.
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Legal Principles on Court Visits to the Locus in Quo in Nigeria
A visit to the locus in quo allows a court to inspect the physical location or property in dispute in order to clarify evidence, particularly in land or property cases. Nigerian courts use this evidential tool to clarify conflicting testimony, understand the physical features of a disputed site, and properly evaluate the evidence before reaching…
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Capacity to Sue and Be Sued in Nigerian Law
Capacity to sue and be sued is a fundamental requirement in Nigerian law because it affects the jurisdiction of the court. This article explains who can institute or defend a lawsuit and the legal consequences where capacity is lacking.
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Is a Promise to Marry Legally Enforceable in Nigeria?
A promise to marry may have legal consequences under Nigerian law. This article explains the essential elements of a breach of promise to marry and the Supreme Court’s position in Ezeanah v. Atta.
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Legal Personality of Nigerian Companies
The doctrine of legal personality recognizes a company as a separate entity distinct from its members. This article explains the concept, its statutory basis under CAMA, and its implications in Nigerian law.
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When a Defendant Fails to Defend a Case: Lessons for Civil and Criminal Litigation
When a defendant fails to defend a case, courts may enter judgment or still require strict proof. This article explains key principles, risks, and strategic lessons in civil and criminal litigation.
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When a Cheque Becomes a Crime: Issuance of Dishonoured (Dud) Cheques in Nigerian Law
When does issuing a cheque cross from a civil transaction into a criminal offence? This article examines dishonoured or dud cheques under Nigerian law, the elements of the offence, applicable statutes, and the legal consequences for offenders.
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Terrorism Offences in Nigeria: Core Principles, Elements, and Procedural Touchpoints
Terrorism offences in Nigeria involve complex legal requirements, from defining the offence to proving the necessary elements and following the applicable criminal procedure.