Day: October 1, 2022

General

HOW/3CA/2017- NGOKA GODWIN ELEKWACHI V COMMISSIONER OF POLICE – CRIMINAL APPEAL- Delivered on 13th January 2021- By Hon. Justice I.M.Njaka- POINTS: – the powers of the Attorney General is donated by the Constitution of the Federal Republic of Nigeria, 1999 ( as amended) any law that seeks to curtail or impede this powers will be declared unconstitutional null, void and of no effect whatsoever- Fiat has been accepted as one of the means through which the Attorney General can perform his constitutional duty- presumption of regularity of fiat where and when issued- fiat must not be in writing- Power of Attorney General of the State to issue a fiat irrespective of the offence- Power to challenge a fiat- The power of the court both at the trial level and appellate level to amend a process-signature-purpose of signature- charge sheet is originating process in a criminal trial before a magistrate Court- Charge sheet is also in the category of Notice of Appeal as an originating process -A defective charge sheet is void ab initio

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE  13TH DAY OF JANUARY  2021 BEFORE HIS LORDSHIP: -...
Criminal Cases

HOW/57C/2016- THE STATE V OBIOMA EMEROLE- Delivered on 21-1-2021-by HON. JUSTICE I.M.NJAKA- Section 3 of Imo State Prohibition of Hostage Taking and Other Related Offences Law No. 4 of 2009- Admitted that the number of witnesses has nothing to do with prove of a case, it is profitable to call the witness(es) that are directly connected to the particular offence- confessional statement- exception to the general principle of law that the court can look at the document in the court file- proof of evidence-proof of evidence no matter how formidable and overwhelming, there is need for the prosecution to breath life-giving breath into its nostrils through the witnesses for it to come alive and begin to live in the records of the court-no matter how thorough an investigation is, if the victim somersaults and important witnesses turn hostile and do not cooperate with the Prosecution due to one reason or the other there is nothing much the court of law can do

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE  21ST DAY OF JANUARY 2021 BEFORE HIS LORDSHIP: -...
Criminal Cases

HOW/4CA/2018- RAYMOND IWUJI V COMMISSIONER OF POLICE- Appeal delivered ON THE 21ST DAY OF JANUARY, 2021-POINTS:- Plea -defective charge- waiver -where the defect affects the jurisdiction of the court. The question of signature goes to jurisdiction- the police officer to sign a charge -a legal practitioner to sign a process to give it validity- finding of fact not appealed against – nullity of an originating process does not mean loss of action- the processes can be started afresh – amendment of charge- difference between the charge and the charge sheet-The Hon. Attorney -powers to withdraw a charge sheet/charge -a fresh charge sheet-Authorization of Attorney General- consent of a superior police officer- fiat of the Attorney General of Imo State- Appeal against sentencing-

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF JANUARY, 2021 BEFORE HIS...
Contract

HOW/355/2018 – PHARM. BENAIAH ANAYO OGUGUA V INDUSTRIAL AND GENERAL INSURANCE PLC-delivered ON THE 17TH DAY OF FEBRUARY, 2021: POINTS:- The address of the counsel- pleadings and evidence in prove of pleadings- validity of an insurance contract is contingent upon the parties meeting their obligations as at when due and complying with the terms of the insurance contract- Defendant is relying on the occurrence of an event stipulated in the contract to avoid liability, it is her duty to prove the occurrence of such event- utmost good faith is vital ingredient of insurance contract- The rise and fall of interest rate -regulated activity of Central Bank of Nigeria and Security and Exchange Commission- cannot be presumed without an official or public declaration to that effect by appropriate authority- any change in the rate of interest- must be communicated to the customer as a condition precedent for the banker to change the agreed and existing rate of interest as at the time a loan or an overdraft facility was granted to the customer- contract of insurance is a contract of uberimae fidei- whether the insured and the insurer are in fiduciary relationship

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 17TH DAY OF FEBRUARY, 2021 BEFORE HIS...
Fundamental Right Enforcement

HOW/304/2020- PRINCE ALFRED AMOBI UGOCHUKWU V 1. ATTORNEY GENERAL OF IMO STATE, 2. GOVERNOR OF IMO STATE 3. IMO STATE GOVERNMENT 4. IMO STATE HOUSE OF ASSEMBLY delivered ON THE 3RD DAY OF MARCH, 2021-POINTS:- Limitation Law-Determining the period of Limitation-Cause of action- government is a continuum- an action challenging the validity of legislation cannot be statute barred- Locus standi- public interest litigation -private individual locus standi with respect to a matter of public interest- the validity or constitutionality of Section 18 of the Recovery of Public Funds and Property (Special Provisions) Edict, 1985 of Imo State- Any law that is inconsistent with the Constitution- Ouster clause- declaration of legislation as unconstitutional does not affect what was done under the legislation

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI  ON THE 3RD DAY OF MARCH, 2021 BEFORE HIS...
Fundamental Right Enforcement

HOW/348/2019-MICHAEL OKWUKWU V COMMISSIONER OF POLICE, IMO STATE –delivered on 17TH DAY OF FEBRUARY, 2021 –By HON. JUSTICE I.M.NJAKA. POINTS: – there is no restriction on civil proceedings progressing along with or in advance of or running pari passu with criminal proceedings concerning the same subject matter – that the violator of the right is standing a criminal trial does not obviate or hinder the enforcement of right against the said violator – the fact that the person arrested was granted bail immediately does not end the matter -subsequent arraignment does not obliterate the infringement on the right of the applicant- where a particular issue in the course of the criminal trial has been raised and decided upon, I do not think it will be proper to reopen same in a fundamental right application

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 17TH DAY OF FEBRUARY, 2021 BEFORE HIS...
Fundamental Right Enforcement

HOW/ 922/2018-1. EVEREST ANYANWU 2.MATTHEW EJIKE IGBO 3.LINUS ANYANWU 4.SUNDAY ANYANWU 5.EKECHI PURETH PRISCILLA 6.KENNEDY NKWAZE V. 1.CHIEF GODWIN WOOD ANYANWU 2.SGT. EMMANUEL (IPO, SCORPION SQUAD3. IMO STATE POLICE COMMAND 4.COMMISSIONER OF POLICE, IMO STATE -delivered on 25TH DAY OF FEBRUARY, 2021- By HON. JUSTICE I.M.NJAKA-POINTS:-Documents attached to an affidavit form part of an affidavit- Documentary evidence, is the Best evidence- Law enforcement agencies –cases involving family members- to tread with caution to avoid wrongful initiation of criminal proceedings and using government apparatus as a means of subjugation of another member of the family- none of the constitutionally provided right is in the absolute- it will create anarchy.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 25TH DAY OF FEBRUARY, 2021 BEFORE HIS...
Fundamental Right Enforcement

HOW/879/19 -CHIMEZIE NICHOLAS MADUKA V. 1. EMMANUEL NNADI 2. THE COMMISSIONER OF POLICE IMO STATE 3.FERDINAND UMEZURIKE O/C D6 IMO STATE CID 4.INSPECTOR ISREAL OGBOTOBO INVESTIGATING POLICE OFFICER- delivered on THE 11TH DAY OF MARCH, 2021 -By HON. JUSTICE I.M.NJAKA. POINTS:- It will amount to undue adherence to technicality, form as opposed to substance to hold that the application is incompetent because the statement accompanying the Application did not state the name and the description of the Applicant- No matter how brilliant the address of counsel is, it cannot be a substitute for pleadings or evidence- criminal allegation in a fundamental right application is exempted from the principle of law that allegation of crime in a civil case must be proved beyond doubt-keeping a defendant in custody until certain money is paid by him or his relatives is nothing short of hostage taking and kidnapping-There are two hurdles which any law enforcement officer must cross at the point of arrest-Money is a property and passport is also property. Whenever they are seized or extorted by force it is a violation of the person’s right to own and enjoy his property

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 11TH DAY OF MARCH, 2021 BEFORE HIS...
Fundamental Right Enforcement

HOW/436/2018- 1.CHARLSE CHUKWUEKE 2.EJIKE CHUKWUEKE V 1.NNAEMEKA EJIOFOR 2.OBIEZE EJIOFOR 3. BONIFACE EJIOFOR 4. THE COMMISSIONER OF POLICE, IMO STATE 5. THE O/C ANTI-VICE UNIT STATE POLICE HEADQUARTERS, OWERRI 6. INSP. CHIDIEBERE OGBONNA -delivered on 11TH DAY OF MARCH, 2021 by HON JUSTICE I.M.NJAKA. POINTS:-What is the effect of a case struck out? A case struck out is not dead-If the suit of the plaintiff was heard on the merit and dismissed, where the defendant did not counter claim, the defendant does not automatically become entitled to the disputed land-There is an exception to the general rule regarding unchallenged affidavit- There is need for the Applicants to categorically state the period of arrest- law enforcement agencies ought not to be quick in charging persons to court for malicious damage where there is a history of disputation over a piece of land

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 11TH DAY OF MARCH, 2021 BEFORE HIS...
General

HOW/46/2012-CHIEF EMMANUEL JOHN NJOKU PLAINTIFF/JUDGMENT CREDITOR/RESPONDENT AND 1. INNOCENT OGU DEFENDANT/JUDGMENT DEBTOR/RESPONDENT 2. DR. LAMBERT AGUGUO DEFENDANT/JUDGMENT DEBTOR/APPLICANT AND CHIEF WINNER JOHN NJOKU: PARTY SEEKING TO SUBSTITUTE THE PLAINTIFF/JUDGMENT CREDITOR- Ruling delivered on 29TH DAY OF JUNE 2021 by HON JUSTICE I.M.NJAKA. POINTS: Substitution after judgment-Challenge to affidavit of service of the bailiff

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT OWERRI ON THE 29TH DAY OF JUNE 2021 BEFORE HIS LORDSHIP: -HON. JUSTICE INNOCENT....
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