CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVE, AMI
LIST OF JUSTICE ADMINISTRATION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN
[Judgments published on lawnigeria.com are freely accessible online – depending on availability. PDF copy(ies) of any, or select group or compendium of such listed judgments can be procured by emailing: info@lawnigeria.com and lawnigeria@gmail.com]
TITLE | MAIN ISSUES |
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Children/Women and Justice Administration/Crime – Children as indirect victims of crime – Women and Polygamy – Women and divorce under customary law – Woman given notice of divorce by husband – Belief that co-wife is responsible for divorce – Fight and stabbing of co-wife occasioning death – Child of deceased present in room when fight ensued – How treated by court |
ATTE V. COMMISSIONER OF POLICE |
Women and Crime – Conduct between quarrelling women/housewives which can entitle the court to bound them over so as to keep the peace – Women and Justice Administration – Woman spitting on another during a quarrel – Whether can be ground for conviction for assault without looking at all the circumstances of the case – Duty of court to look at the whole circumstances of the quarrel |
ATTORNEY-GENERAL OF ABIA STATE AND 35 ORS V ATTORNEY-GENERAL OF THE FEDERATION |
Children/Women and Governance – Public Finances – Public Debt repayment – Implications for governance and the wellbeing of women, children and unborn generations |
Women and Citizenship – Lineage and naturalization – statutory basis for same – implication and relevance for generations |
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Women and Justice Administration – Woman who filed caveat against a Notice of Marriage under the Act because she was married to a party to the proposed marriage – Woman convicted summarily for being in contempt of Court before whom her caveat was to be heard – Caveat withdrawn due to trauma of the summary conviction |
AYINDE V. QUEEN |
Women and Justice Administration – Wife killing – Mother of accused person as star witness – Testimony of Mother of accused who was first at the scene – Tragedy following attendance by threesome at marriage ceremony of relative – Plea of insanity – Treatment by court |
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Women and Justice Administration – Widows and fatal Accident proceedings – Claim in respect of deceased/husband by wife – Assessment of damages and liability to pay same – How treated |
BADEJO V. FEDERAL MINISTRY OF EDUCATION
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Children/Women and Justice Administration/Education/Human Rights – Girl-child and quota system in Nigeria – Denial of access TO publicly sponsored educational opportunity on the basis of the circumstances of birth – Whether discriminatory and unconstitutional – How treated |
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Women and Security/Murder – Wife-killing – Husband who killed his wife through multiple stab wounds on her body, liver, intestine and lung – Women and Justice Administration – Effect of failure to properly take an accused person plea on his conviction for murder |
BALI V.QUEEN |
Women and Justice administration – Marriage and Crimes of Jealousy – Remarriage – Former husband of woman killed by current husband on suspicion of having sexual designs on wife – Whether jealous rage based on suspicion of deceased’s intention to have carnal relation with wife amounts to provocation to nullify a conviction for premeditated murder |
BALOGUN V. ALHAJI BUSARI AMUBIKAHUN
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Women and Justice Administration/Human Right/Property Rights – Woman whose arrest, detention, and prosecution was procured by legal practitioner with whom she had a land dispute – Woman procured by a person to frame another woman for diabolical/witchcraft activities – Malicious prosecution action arising therefrom – How treated by court |
BANKOLE V. WILLIAMS |
Children and Justice Administration – Will and Estate – Children and Education – Education and Material Security of children born out of wedlock |
BARKONO V C.O.P.
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Widows and Justice Administration – Fatal accident – Negligence – action brought by widow of a passenger killed in an omnibus accident – How treated |
BARKWAY V. SOUTH WALES TRANSPORT CO., LTD. |
Widows and Justice Administration – Fatal accident – Negligence – action brought by widow of a passenger killed in an omnibus accident – How treated |
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Women/Children and Justice administration – Trans-sexual persons – Sex change – Implications for policy and law reforms affecting marriage, custody of children, housing and residential security of tenure, social security benefits, citizenship and immigration, taxation, pensions, inheritance, life insurance policies, criminal law (bigamy), education, child care, occupational qualifications, criminal law (gender-specific offences), prison regulations, sport, the needs of decency, birth certificates, etc. – How treated in United Kingdom |
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Women and substance/drug abuse – Justice administration – Death arising from a moment of mutual drunkenness – Wife-killing via a revolver shot by husband – Dying declaration of wife designed to protect husband and testimony of husband asserting accident – Where upstaged by conflicting circumstantial evidence – Duty of court thereto to consider both murder and manslaughter – Effect of considering murder alone |
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Women and Real Estate – Joint ownership of property with husband or fiancé – Nature of interests created regardless of whose name the property was conveyed – Legal effect in the event of a separation – Women and Justice Administration – Attitude of courts to joint ownership of property between unmarried and married couples living together or to application for sale/division of property bought with intention to be used as matrimonial home – Children and Justice Administration – Attitude of courts to application for sale property used as family house due to divorce |
Divorce proceedings – Wife, who had obtained a civil aid certificate under the Legal Aid and Advice Act, 1949 to present a petition for divorce on the ground of the husband’s cruelty – Where the petition was dismissed – Taxation of the wife’s bill of costs under Sch 3 to that Act – Whether the registrar is entitled to refuse to allow the wife any expenses for attending court, on the ground that the trial judge had disbelieved her evidence, and that since she must have known that what she said in evidence was false her conduct was wanton and vexatious |
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Women and Justice Administration – Woman/Mother standing trial for murder of adopted son (a soldier) by stabbing – Plea of self-defence – Claim that woman stabbed son for trying to choke her to death – How treated |
BOR V. THE QUEEN
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Women and Customary Law/Justice Administration – Killing of prospective bride – Suspicions of infidelity and humiliation– Failure to recover bride price – Expectations between couple who by native law and custom are not yet man and wife as the forms of marriage had not been completed – Whether there is a position under which the law affords a protection to a husband who killed his wife or her paramour in such circumstances |
BRAIDE V. THE STATE |
Women and Justice Administration – Alleged interference with/assault of woman – Incident leading to killing of alleged perpetrator – How treated |
BROWNSON V. THE QUEEN |
Women and Justice Administration, Crime and Healthcare – Wife Killing – Assault causing neck injuries – Initial well-meant but misguided attempt by husband to self-treat wife using local remedies resulting in further harm – Death after admission in hospital – Whether circumstances disclosed murder or manslaughter – How treated |
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Women and Justice administration – Unresolved dispute over land – Brutal murder of a woman for ‘failing’ to prevent a third party interfering with killer’s land – Whether justifies killing |
Women and Crime/Justice administration – Armed Robbery – Man and daughter robbed at gun-point at place of business with his wife in premises – Role of daughter in identifying robber – Relevant consideration towards securing conviction | |
D.W. LEWIS & ORS V. BANKOLE & ORS. |
Women and Customary law – Right of a woman to be Head of a family under customary law – Women and Justice |
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Wife-Killing – Women and Justice administration – Husband prosecuted for culpable homicide of wife on the farm – Defence of accident that wife died from blow of a broken branch on the head – How treated – Effect of inadequate investigation and prosecution |
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Women/Children and Succession/Custom/Justice administration – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Essentials of – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
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Children and Security/Human Right/Justice Administration – Murder of a 12 year old with a sword – Death from loss of blood and shock – Evidence of mother and a 6 year old schoolgirl – How treated |
DAVID INNEH V. IGUMA ARUEGBON |
Women and Justice Administration/Human Rights – Malicious prosecution – Woman falsely accused of theft so as secure the aid of the Police towards bringing her back to her husband against her wish – Relevant considerations – Attitude of courts thereof |
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Women and Security – Woman whose husband was brutally murdered after she fortuitously left room to attend to grandchild – How treated – Women and Justice Administration – Spouses of persons suspected of crime of murder – Attempt to use wife’s pregnancy and birth-delivery as alibi – Effect of wife’s heroic effort at telling the truth |
DAWODU V. DANMOLE |
Women/Children and Succession/Custom/Justice Administration – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Essentials of – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
Women and Government – Corruption – Spouse of Politically Exposed Persons – Prosecution for corruption – Relevant considerations | |
E.P IDERIMA v RIVERS STATE CIVIL SERVICE COMMISSION |
Women in Public Leadership – Need to act without ill-will and bias – Need to uphold the tenets of justice through adherence to the rules of service and natural justice – Attitude of court to failure thereto |
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Women and Security/Murder – Murder/Head-severance of 60 year old grandmother by her neighbor – Women and Justice Administration – Attempt to set up the defence of insanity and intoxication as defence for gruesome murder- How treated |
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Young people and Education – Yong people and Justice administration – Boarding students in Federal Government Colleges who take their bath in streams – Murder arising from altercations on the way – Students as witnesses at consequent murder trial – Implications for justice administration and education infrastructure |
Women and Justice Administration – Young girl supposedly gang-raped – Where victim subsequently recants and claims there was consent – Effect – Whether court can presume victim had been tampered with by assailants |
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EKPO V THE FEDERAL REPUBLIC OF NIGERIA
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Young persons and Justice administration – 18 year old offender awarded maximum sentence of 21 for uttering of counterfeit currencies – Propriety – Failure of counsel to appeal sentence – Effect – Prerogative of Mercy of President/Governor – Need to have recourse to same Young persons and Justice administration – Principle of reformation of criminals and salvaging of young people from the direction of the crime to the path of rectitude – Need to be court’s paramount preoccupation in criminal proceedings |
Women and Justice administration – Illiterate women using Illiterate Protection rules to subvert justice – Attitude of court thereto – Women in Business – Dealings in land – Need to respect agreement as to conveyances |
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Women in politics – Political Party primary for nomination into a federal legislative office – Relevant considerations |
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Children and Crime/Justice Administration – Murder – Murder via gunshot – Evidence of a 7 old girl-child – Weight accorded same by court – Effect on entire case | |
EYESAN V SANUSI |
Succession to litigation by sons of deceased litigant – Relevant considerations |
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Women and Security – Young woman kidnapped from her house by assailants and subsequently found dead – Children and Justice Administration – Evidence of a young person – Admissibility thereof in judicial proceedings |
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Women and customary practices/healthcare/justice administration – Murder/Mob-killing of elderly sick woman who was banished from her family home on an account of protracted illness and allegation practising witchcraft – Assault of a young woman trying to evacuate on her back her very sick and starved mother accused of witchcraft – How treated |
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Women and Real Estate/Land Law – Women and Justice Administration – Defence of interest in real estate/land – Allegation of breach of agreement to marry – How proved or rebutted – Allegation of the existence of a resulting trust – Meaning and legal effects – How rebutted |
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Women and Justice Administration – Joinder as a party to a suit without one’s consent – Whether person absolutely/constitutionally entitled to remove one’s name from any suit – Women and Estate Administration – Appointment as Executor/Executrix of a will – Application for probate – Use of Caveat to prevent probate of Will – Relevant considerations – Children/Mothers and Estate Management – Right of mother who is not an executor of a will to enter caveat against Executors so as to prevent probate and safeguard the interest of children |
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Children/Women and Customs/Human Rights/Justice Administration/Property Rights/Inheritance – Right to Dignity of the Human Person, Protection from Servitude and Right to property – Persons/Families designated as customary slaves/domestic helpers – whether or not a customary slave could be regarded as a member of his overlord’s household – Right of customary slaves/domestic helpers even after several generations of aligning with and living with a particular land holding family and enjoying rights over land – right to property or compensation for compulsory acquisition of property granted by overlord – Whether modern legal developments have not elevated the status of customary slaves to the position of equal partners with their overlord’s children – Implication for the distribution of monetary compensation for property acquired by government even where property had been given to customary law slaves for generations for their use |
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Women and Justice Administration –Wife and children deserted by husband/father – Appropriate court proceedings and orders/reliefs – Women in Employment – Wage earning wives –Relevance for quantum of maintenance orders courts are prepared to make against their spouses |
FAWEHINMI V AKILU (CA1) | Women in authority – Attorney General exercise of powers to prosecute – Whether can be compelled |
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Women and justice administration – Women and divorce – Failure of women/respondent to file answer to the petition – Witnesses resident and domiciled in England – Whether entitles husband/petitioner to tender evidence of his witnesses in affidavit form to be read at the trial proper – How treated by court |
Women in Politics – Nomination processes of political parties – Relevant challenges | |
GUOBADIA V THE STATE |
Children and Murder – Young People and Justice Administration – Murder of a two year old by a mentally troubled step-brother – Young person under 17 and capital offences – Whether entitled to have death sentence commuted to imprisonment at the pleasure of the Governor – Age of a person standing trial for crime – Need to determine same for conviction and sentencing purposes |
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Women and Murder/Justice Administration – Woman killed by a heavy mortar thrown on her head – Death several hours later with blood coming out of her ears, nose and mouth – Killer’s death sentence commuted to life imprisonment due to a technical error in the trial |
GYANG V THE QUEEN |
Women and Justice Administration – Women as witnesses – Women and crime – Evidence of wife of co-accused person in murder proceedings – Whether corroboration for evidence of husband against co-accused |
Women and Real Estate/Land – Women and Inheritance – Defence of interest in real property – Intestacy and – Women and Justice Administration – Proof of title to land under native law and custom – Rights as an Administrator of an estate |
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Young people and Education – Young people and justice administration – Young people and custody – Vocational education in a farming education facility for a minor not academically proficient – A parent’s right of custody over child in an education or vocational training facility – Nature of – Parent’s right to his children in their law-suits without being guilty of the legal crime of maintaining quarrels – Persons entitled to sue as child’s next friend Infants and custody of parent – Test to be applied – When to infer that infant is in the custody of a parent – Where the father or some other parent is or is not away from the infant for a period or periods – Where the parent allows the infant the freedom to do as he likes – Where someone else has temporarily been given the duty of the day-to-day control of the infant – Whether in all such cases the custody remains – Whether an essential characteristic of such custody is the right to control the infant’s life coupled with the capacity to exercise that control, whether arising from economic circumstances or otherwise |
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