Law Corner with Amaka Ezeno, MCLArb, 08037413906

WHETHER INTOXICATION CONSTITUTE a DEFENCE TO ANY CRIMINAL CHARGE?

By Amaka Ezeno, MCLArb, According to Merriam Webster Dictionary, intoxication is the condition of having physical or mental control markedly diminished by the effects of alcohol or drugs while Cambridge Dictionary defined it as the condition of having lost some control of your actions or behaviour under the influence of a drug. Intoxication occurs long before someone passes out. It ...

Read More »

IS BIGAMY A KNOWN LAW IN NIGERIA?

By Amaka Ezeno, MCLArb,  Marriage is a social and legal relationship. There are legal regulations to maintain the sanctity of marriage and to prevent actions deemed offensive to public morals. Every legal system, therefore, presents a conception of marriage, which states what validly constitute a marriage, stipulates actions that are wrong, and provides ground for its dissolution. This article focuses on ...

Read More »

Affray and Defences to Affray?

By Amaka Ezeno, MCLArb, Affray is a violent offence very similar to assault.  The courts consider affray to be a more serious offence though.   Where assault may be committed towards an individual, affray involves other people fearing for their safety as a result of the act of violence.   To be charged with the offence of affray, the accused would have ...

Read More »

EFFECT OF DEFENCES OF SELF-DEFENCE, PROVOCATION AND ACCIDENT IN A CASE OF MURDER ON DEFENCE OF SELF-DEFENCE

By Amaka Ezeno, MCLArb, In a trial of murder it is the duty of the court to consider all the defences including self-defence, accident and provocation raised by the evidence whether the person charged specifically put up such defences or not as was held in the Supreme Court case of Uwaekweghinya V. State (2005) 4 ACLR 1 at 17. Self-defence, ...

Read More »

WHETHER THE CONSTITUTION OF A VOLUNTARY ASSOCIATION BINDS THE MEMBERS OF THE ASSOCIATION

By Amaka Ezeno, MCLArb,  When a group of people voluntarily come together and form an association or union and agree to be governed by a set of rules and regulations, every individual who voluntarily elects to join the association is bound by the rules, regulations and the Constitution of the association as a voluntary association is created by an agreement ...

Read More »

EFFECT OF A POWER OF ATTORNEY

By Amaka Ezeno, MCLArb A Power of Attorney is a document, and may be under seal, which authorises a person to act for another person as his agent. The person who donates the power is called the ‘donor’ while the person donated is called the ‘donee’. The power conferred on the donee may be either general or special. Black’s Law ...

Read More »

WHETHER A MEMBER OF A FAMILY CAN SELL OR DISPOSE FAMILY LAND AS HIS OWN PROPERTY OR WITHOUT THE CONSENT OF THE HEAD AND THE OTHER PRINCIPAL MEMBERS OF THE FAMILY?

By Amaka Ezeno, MCLArb It is a matter for judicial notice that land and property are owned by an individual or family and that the concept of family property is ingrained in our indigenous society and the bedrock of inheritance particularly as it related to land ownership. From judicial authorities, family land is usually traced to an individual founder or ...

Read More »

LIABILITY FOR THE CANCELLATION OF FLIGHT TICKET

Generally, parties are bound by the contract which they have entered into and are required to fulfil their obligations to avoid liability that may arise from the non-performance or the breach of such contract. Usually, there exists a carriage contract between airlines and passengers and the status of passengers are usually defined by the existence of such agreement. When a ...

Read More »

PAYMENT OF IMPORT DUTY ON GOODS/PERSONAL EFFECTS CONTAINED IN A PASSENGER’S BAGGAGE IS UNLAWFUL

By Amaka Ezeno, MCIArb. On Wednesday, 13th May, 2020 the Federal High Court, Abuja Judicial Division [Coram: J.T.Tsoho, CJ] delivered its judgment in Kehinde Ogunwumiju, SAN v. Nigerian Customs Service Board & Anor: Suit No: FHC/ABJ/CS/1113/2019. The Plaintiff (Kehinde Ogunwumiju, SAN) via his counsel Tunde Ahmed Adejumo, Esq had approached the Court via an Originating Summons primarily seeking a declaration ...

Read More »

DEFAMATION – MEANING AND NATUREOF THE CONCEPT OF DEFAMATION/DEFAMATORY STATEMENT

By Amaka Ezeno, MCIArb. In Winfield and Jolowicz On Tort, 1975, 10th Edition, Page 240, the authors define “Defamation” as “…the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.” At Page 242 of the same work appears the ...

Read More »