CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVE
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 |
Women and Justice administration/Inheritance and Estate Administration – Widows – Testacy and Wills – Matters arising therefrom – How treated |
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Women in politics – General election into the House of Representatives – Election petition arising therefrom – Relevant considerations |
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Women and Justice Administration/Crime – Security of women and family life – Murder of a woman/wife for crying over the extra-judicial killing of her two brothers by a cult-group – Act perpetrated by a local society (Odozi-Obodo) dedicated to punishing alleged thieves and their relatives who cry on their behalf – Husband of woman who was threatened with death if he did not send wife on an errand where she would be killed – Attitude of courts thereto |
IFOP V. CENTRAL BANK OF NIGERIA
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Women and Justice Administration – Women and property – War time economic policy restricting persons in defunct Biafra to a ceiling amount of money (£500) they can exchange with old Nigerian currency – Woman who made eleven payments to the proper officers or representatives of the defendant Bank for exchange in equivalent Nigerian notes – Implication for wellbeing and economic security of women who survived traumatic war experience – How treated |
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Widow and Justcie Administration – Widowhood – Woman whose husband, taxi driver was found killed after he went off with a soldier to purchase fuel due to scarcity – How treated |
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Women and Security/Murder – Young woman who went for a religious service found dead – Women and Justice Administration – Use of circumstantial evidence in bringing a murderer to justice |
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Children/Women and Murder/Justice Administration/Religion/Witchcraft – Murder of grandmother and grand children by accused person due to a belief in witchcraft – How treated by court |
IKECHUKWU SUNDAY V. THE STATE |
Young women and Justice Administration – Victims of Crime – Armed robbery – Witness of young women as eye witnesses to the commission of armed robbery – Challenges thereto – How treated |
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Children and Justice administration – Murder Proceedings – 13 year old who witnessed the gruesome assault occasioning death of his father – Treatment of his evidence by trial court and police/prosecution – Children and Security – Security of neighbourhood/farm paths – Exposure of young persons to violence |
ILOABACHIE V ILOABACHIE |
Defamation – Proof of defamation – Assertion of character of plaintiff – Whether marriage to a woman from a reputable family is relevant consideration – How treated |
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Women and Justice administration – Children and paternity – Right of a father to claim damages against a third party for sexual activity with daughter in consequence of which father lost the services of the daughter due to pregnancy and child bearing and has been put to expenses and inconvenience – Relevant considerations – Paternity of child in dispute – Medical evidence required to prove same – Customary law marriage – Need to prove existence of same strictly |
IN RE WEARE, A SOLICITOR
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Children/Women and Justice administration – Prostitution – Legal practitioner who is also the landlord of a property being used as brothel – Finding that he was unlawfully and willfully a party to the continued use of such premises as a brothel – Attitude of Court thereto |
IN THE ESTATE OF CHARLES GIBSON, DECD. |
Disability – Women Living with Disabled Spouses – Blind Husband and visually-healthy wife – Whether both acting as witnesses to the execution of a will by a third party satisfies the requirement of two witnesses – How treated |
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Women and Security/Justice Administration – Wife-killing – Domestic violence – Gruesome death of pregnant wife from seven matchet cut wounds – How treated |
ISHOLA V. THE STATE |
Widows and Justice Administration – Eye-witness evidence of woman whose spouse was shot dead beside her due to refusal to give up his claim on a disputed land – Widowhood and Security – Loss of a spouse due to poor policing/law enforcement practices |
J N NABARRO AND SONS V KENNEDY
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Women and Human Right – Right to dignity (life necessities) –Women and Justice Administration – A wife’s right to bind husband in a contract for life’s necessaries – Justification – Liability of husband to pay wife’s legal costs in matrimonial suits between husband and wife – Whether extends to suits over matrimonial between husband and wife |
JADESIMI V. FRED EGBE |
Women/Children and Inheritance – Women and Justice Administration – Succession to property by step siblings – Use of Agreement to override the provisions of a judicially contested will – How treated |
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Women and Real Estate/Land – Need for integrity in the making of covenants pursuant to land transaction – Women and Justice Administration – Equity and Sale of land – When courts will refuse to allow technicality and error of counsel defeat a just claim |
JIBRIL V. THE STATE |
Young people and justice administration – Young persons facing criminal trial – Need to determine their age before conviction and sentencing – Where such determination followed an irregular proceeding which denied accused opportunity to cross-examine adverse evidence upon which determination was made – How treated by court |
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Children/Infants and Justice Administration – Claim for rendition of accounts of all receipts in respect of grandfather’s property – When Court may make an Order for concession payment for the sustenance of children pending determination of suit – How treated – Children and Real Estate/Property – Succession to interests therein – How enforced |
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Women and Crime/Justice Administration/Human Rights – False imprisonment – Woman arrested on suspicion of theft by store detectives – Where handed over to police after managing director decided to prosecute – Whether store liable for false imprisonment |
JOHN MAKIN AND SARAH MAKIN, HIS WIFE V. THE ATTORNEY GENERAL FOR NEW SOUTH WALES |
Babies and Justice Administration/Security – Serial baby killer – Different women entrusting babies to accused – Babies never accounted for – Corpses of babies found buried in residences of accused – Evidential issues of sustaining charge against accused |
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Young people/Women in Business – Young People/Women an Justice Administration – Desire of father to set up business for young son in a shop under his resident – Need to enable mother support the business without neglecting domestic duties – Whether suitable ground for recovery of possession of shop from a person carrying on rival business – How treated |
JULIUS AKINGBADE AFESOJAIYE V. RACHEAL AFESOJAIYE & ANOR
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Children/Women/Widow and interest in immovable property – Justice Administration and Inheritance rights – Protection/defence of same – Widow and children of deceased person with interest in property – Right over gift of property made inter vivos by deceased husband/father to son against adverse claim by a relative – How treated by court |
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Children and Security/Healthcare/ Justice Administration – Child Murder – Herbalist who poisoned a 4 year old who refused to run his errand and also refused to administer an antidote despite the plea of boy’s parents – How treated |
KING V. BAILEY |
Children and Education/Justice Administration/Security – Children and Sexual Offences – Little boys in school– Principal accused of multiple indecent assault on his young charges – Proof – Standard of corroboration required to sustain charge – How treated |
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Women and Justice administration – Jury service – Civics – Essential tenets of proper jury service: “Jurymen should not be led, from a desire to acquiesce, or to avoid eccentricity, or to save time and trouble, to represent themselves as holding views which they do not hold. Their verdict must be a true verdict, given according to the evidence, not an untrue verdict given according to some actual or supposed convenience. Nothing is more primary or fundamental in its character than the duty of each juror to form and express his own opinion. Merely to acquiesce would be, not merely indefensible but wrong, and a violation of the juror’s oath.” |
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Women and Healthcare/Justice Administration/Security – Highway Accidents and effect on wellbeing of families, marriages and children – Motor Accident caused by Defendant’s negligence – Injuries occasioned to husband and wife therefrom – Where wife more severely injured than husband – Husband giving up better paying employment to care for wife and children – Whether husband is entitled to recover lost income against defendant |
KUFORIJI V. V. Y. B. (NIGERIA) LIMITED
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Women and Real Estate – Claim for rescission of agreement for joint-purchase of property with husband – Women and Justice Administration – Proof of existing monogamous marriage with third party nullifying subsequent customary law marriage – Women in Employment – Housing transaction as incentive towards greater job performance |
KUSU V SOKOTO N. A. |
Family wellbeing and healthcare access – Access to basic healthcare and health education – Belief in witch-craft and spells – Effect on wellbeing of women, criminality and justice administration |
LADD V MARSHALL |
COURT OF APPEAL |
LAMBERT AND ANOTHER V LEWIS AND OTHERS |
Women/Young persons and Security of Highways – Fatal Accidents – Mother and daughter who lost father/husband and son/brother due to the uncoupling of a lorry hitched to a tow-truck – Women/Young People and Justice Administration – Fatal accident and injury to survivors – Defective trailer coupling as cause of accident which injured woman and her daughter while killing the husband/father and son/brother– Determination of liability – How treated |
Family law – Dispute over family memberhip | |
LAWAL V. KOFFO |
Women and Justice administration – Women and defence of interest in real estate – Arbitrary sealing of home of woman tenant by local council officers acting outside of the scope of powers given to them – Alleged burglary of home of woman during pendency of the sealing leading to loss of properties– Liability of local council and its officers in trespass – Duty to prove burglary and special damages claimed – Effect of failure thereof |
Young people and justice administration – Sentencing for murder– Accused claiming to be less than 17 years – How treated – Effect | |
LAYONU AND OTHERS V. THE STATE |
Women and Justice Administration/Crime – Murder – Son/husband-killing – Mother and wife as eye witnesses to the killing of son/husband – Eye witness evidence thereof – How treated by court |
LEITH McDONALD RATTEN V. THE QUEEN
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Women and Security of Life – 8 month pregnant wife and mother of three children shot dead in her kitchen by husband – Justice administration – Voice identification by Emergency Services Operators – Whether ‘female’ voice can be identified over the phone – Admissibility considerations in criminal proceedings – How treated |
LIJADU V FRANKLIN |
Women and Real Estate – Women and Justice Administration – Defence of interest in property – Will and Probate – Necessary preliminary steps to acquire standing to sue on behalf of a testator as personal representatives appointed under a will |
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Women and Justice Administration/Crime – Murder – Wife allegedly strangled to death by her co-wife – Failure of prosecution to properly prove cause of death – Effect |
Women and Housing/Marriage/Justice Administration – Woman with equitable interest in property mortgaged by husband for business related reasons – Order for possession of property for breach of mortgage terms – Effect of action by woman asserting her equitable interests in the property | |
MADAM ALAKE AROYEWUN V. JOSEPH ADEBANJI |
Women and Justice Administration – Access to court over property rights – Need to employ diligent and competent lawyers – Women and Real Estate – Defence thereof – Need for diligent and competent lawyer |
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Women in Employment – Woman House-keeper – Verbal/Parole Promise as to Life estate in land in lieu of remuneration for services – validity of contract – Whether remaining in service without payment was evidence of a contract over land – Attitude of courts thereto |
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Children and Estate Management/Justice Administration – Orphan’s property – Wrongful appropriation of assets left for orphan by uncle – Wrongful claim of the status of orphan’s guardian via affidavit by uncle of orphan for the purpose of obtaining funds put aside for infants benefit – Infants right to reliefs – Relevant considerations |
Children and Justice Administration – Custody and legitimacy of children born out of wedlock – Women and Justice – Custodial rights of unmarried mothers – How treated | |
MBONU V. MBONU |
Women and Justice Administration – Petition for nullity of marriage – Need to hire diligent counsels – Effect of failure thereof – Young Women in Employment – Effect of out-of-wedlock pregnancy on key life choices |
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Women and Customary law – Women and Inheritance – Women and Justice Administration – Women and Land/Real Estate – Right of women to inherit property under customary law – Perceived discrimination against women via a cultural practice which excludes women from inheritance of property – Need for same to be specifically pleaded and proved Children and Paternity – Women and Marriage – Inheritance rights vesting by virtue of paternity and marriage – Need to prove paternity of child and marriage of woman – Where father/husband is deceased – Need to fix time of death – Female children and inheritance rights under customary law – Relevant considerations Beijing Conference Declarations on Discrimination against Women – Applicability in Nigeria – Propriety of invoking same in judicial proceedings having nothing to do with proven discrimination against women |
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Children and Justice Administration – Murder arising from dastardly assault witnessed by two children – Identity parade for a child to pick out a killer – Propriety of depending on those evidence – Level of corroboration required – Attitude of court to state of mind of child witness– Effect and level of support offered to young people involved in criminal proceedings CORE DICTUM: “We see no reason to differ from the opinion expressed by the learned trial Judge about the state of mind of a young child after witnessing such a dastardly act and also the fact that he had at all times indicated he could identify the murderer, a Southerner.” |
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Women and Justice Administration – Women and Divorce – Women and Healthcare – Women in Business – Award of damages against woman for fraudulently taking money from the business accounts of a company she had run with divorced husband as partner – Failure to attend trial due to post-divorce depression affliction and arson on her home – Application to set aside – Request for adjournment to seek further legal advice and/or representation which she could not afford having been denied legal aid – Attitude of court thereto |
MR. GABRIEL ULEKE & ANOR V. PRINCESS BENEDICT A. KAKWA & ANOR |
Political leadership at the Local Council level – Allegation of abuse of office – Need to uphold rule of law and other relevant considerations |
MR. OVUZORIE MACAULEY & ORS V. MR. JOHN ATA & ORS |
Government Relief Packages for Internally Displaced Persons – ‘War Refugees’ – Shelter and economic empowerment for internally displaced persons – Implementation of publicly sponsored relief programmes for victims of war – When impropriety is alleged – How a suit may be brought |
Women in politics – General elections into federal legislative offices – Relevant considerations | |
MRS ENO UMO v. MRS CECILIA UDONWA |
Women as Litigants – Access to Justice – Debt recovery – Relevant considerations |
MRS. SUSAN OLAPEJU SINMISOLA OLLEY & ORS. v. HON OLUKOLU GANIYU TUNJI & ORS |
Women in Politics – Hurdles to participation in political leadership as an elected legislator – Party primaries – Role of courts |
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Women and Justice Administration – Homicide by throttling the neck– Seizing a person usually a woman by the throat, to quieten or prevent her cries, but without intention to kill or cause grievous bodily harm – Circumstances in which same will amount to manslaughter rather than murder – How treated Women and Security/Murder – Wife-killing – “Reckless throttling and strangling of women” in the heat of anger and alcohol – Women and Justice Administration – Role of competent pathologist, diligent prosecutors and judges in criminal proceedings and justice delivery– Children and Security of family life – Father who exposing children to the corpse of their mother propped up as alive in her room just to orchestrate his alibi – How treated |
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