Tag: Court of Appeal
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What Happens After a Successful Defence of Insanity in Nigeria? Court of Appeal Clarifies the Consequence
What happens after a Nigerian court finds an accused person not guilty by reason of insanity? ABDULLAHI v. STATE (2026) LPELR-83007(CA) clarifies that such a finding does not necessarily result in immediate release from custody.
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Can You Ignore a Court Order Because You Have Appealed Against It? What Nigerian Law Says
Can you ignore a court order simply because you have appealed against it? Under Nigerian law, filing an appeal does not automatically stay the operation or execution of a judgment or court order. This article examines what recent decisions of the Nigerian courts say about the binding effect of subsisting court orders and the need…
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A Look at Divorce Proceedings in Olaniyan v. Olaniyan: Testimony, Evidence, and Grounds for Dissolution
Divorce proceedings in Nigeria involve specific statutory requirements, including proof that a marriage has broken down irretrievably. Learn whether a petitioner must personally testify and the evidence required to support a petition for dissolution of marriage.
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Understanding Counter-Claims in Nigerian Law
Counter-claims allow defendants to pursue claims against plaintiffs within existing proceedings. This guide examines their nature as cross-actions and whether a defendant may use a counter-claim against a co-defendant in Nigerian courts.
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Embedding Counterclaims in Counter Affidavits
Originating summons proceedings rely heavily on affidavit evidence. This article examines whether a respondent may incorporate a counterclaim in a counter-affidavit and the guidance provided by the Court of Appeal in Ituen v. Speaker, Akwa Ibom State House of Assembly & Ors.