3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
JUSTICE ADMINISTRATION AND NIGERIAN CHILDREN AND WOMEN THROUGH THE CASES
CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES, 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 – Making of asset freezing orders – Mareva Injunction – Duty of court to consider the welfare of children and wife of person it is to be issued against– How treated |
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Wife-killing – Deceased wife strangled for refusing sex to her husband – Whether provocation at law – Attitude of court thereto |
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ADEBUSUYI V. BABATUNDE ODUYOYE
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Women in Politics and Justice Administration – Participation in general elections – Intra-party hurdles – Judicial challenge of wrongful substitution of a woman validly nominated for general election for a seat in the National Assembly – How treated |
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Women and Justice Administration – Women and Divorce – Change of surname after Divorce and Implication for Divorce proceedings – Marriage Certificate and Names on it – Need for consistency in the name used by the wife in the Marriage Certificate and that used in pleadings relating to divorce proceedings – Where different – Need for wife/petitioner to give evidence to show that the petitioner was at the time of the marriage known with the name on the Certificate of Marriage or that she is the same person then so known |
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ADELOWO V. AKINGBALA
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Women and Real Estate/land – Defence of interest in land – Women and Justice Administration – Seemingly contradictory evidence of an 80 year old woman in a customary court record – Whether can be discountenanced by court in favour of a position favourable to her case – How treated |
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Women and Real Estate/Land – Application to set aside sale of house – Women and Justice Administration – Proceedings before the Registrar of Land – Need to take same seriously |
| ADEPONLE V. AJALEBE |
Women and real estate – Women and justice administration – Assertion of title under customary law – Relevant principles – Cost of litigation – Order for a new trial (trial de novo) by appellate court – Effect of error committed by trial court in administering visit to locus in quo |
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ADEREMI V. THE STATE
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Women and sexual Offences/Rape – Need to prove absence of consent – Effect of failure thereof – Women and Justice Administration – Duty of prosecution to secure conviction for crime charged – Whether material contradictions in evidence of raped woman/prosecutrix is ground to abandon duty |
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Installation of a new Chief for a community – Chieftaincy Declaration stipulating that the persons qualified to be proposed as candidates to fill a vacancy in the Chieftaincy stools are members of the Ruling House of the male line only – How treated |
| ADESANYA V. PRESIDENT OF NIGERIA AND ANOTHER |
Children/Women and Justice Administration – Access to court – Constitutional basis of– Locus standi to defend breach of provisions of the Constitution – Duty of Court in the interpretation of constitutional provisions relating thereto |
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Women and Justice Administration – Matrimonial proceedings – Woman Caveatrix – Liability for Court ordered compensation and costs made against her – Effect of filing notice of discontinuance improperly – Need to respect rules and principles of judicial proceedings |
| ADEYEMI V. BAMIDELE |
Children/Women and Justice Administration – Children/Women and customary law – Tort proceedings – Competency of parties – Need to prove customary law marriage of woman claiming to be spouse of deceased person – Need to prove legitimacy of out of wedlock children – Effect of thereto on Fatal accident proceedings |
| Women and Justice Administration – Delay in filing Statement of Defence as stipulated by Court– Whether Court obligated to consider same when later filed – Effect | |
| ADOKO V PAL |
Children and healthcare – Women in business – Women and justice administration – Death of child while receiving medical treatment – Where wrong or malpractice is suspected – Need to be backed up by a medical report – Woman doctor/medical malpractice adviser – Whether communication to client is privileged and protected – Implication for justice administration |
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Women and Security/Murder – Pregnant woman assaulted and killed by another woman – Women and Justice Administration – Whether a once pregnant woman is presumed to be better informed concerning the health and safety of other pregnant women – Implications for criminal proceedings Babies in the womb and Security/Justice Administration – Assault on a pregnant woman by another woman who have experienced pregnancy before – Direct kick to the stomach leading to death of pregnant woman and her baby – How treated |
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Women and Real Estate – Women in Business – Women and Justice Administration – Whether a tenancy held by a wife in her name can be given or reviewed by husband as her agent without her permission, consent or ratification – Need for proper book keeping in retail business – Effect on claim for and proof of special damages suffered – Destruction of woman’s shop with her wares inside causing – Attitude of court thereto |
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AGBOOLA V. ABIMBOLA
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Women and Land/Real Estate – Women and Justice Administration – Registration of title over land with Registrar of Titles – Where competing claims arises – Advantages of having a legal title instead of an equitable one – Relevant considerations |
| AGUMADU V THE QUEEN |
Criminal proceedings involving a Juvenile – Age of young person standing criminal trial – Need to determine same properly – Effect of failure to do so |
| Women and Justice Administration – Widow – Prosecution arising from report of widow to estate administrator/accused person – Report made to police by accused as well as subsequent acts when deemed as constituting malicious prosecution – Relevant considerations thereof | |
| AINA V. WEST AFRICAN DRUG CO. LTD |
Young Women and Justice administration – Motor Accident – Life-long injury induced by negligent driver – Attitude of Court to low claim of general damages made by young woman due to poor appreciation of the serious nature of injury suffered on her future – Duty of counsel and court thereto |
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Women and Justice administration – Deceased woman who died of ill-health – Effort by estate representatives to recover sums due on a life insurance policy made by deceased woman and for the benefit of two named daughters – Attempt by insurance company to shirk its duty to pay on technical grounds – Attitude of court thereto |
| AJAO V. SONOLA |
Women and Justice Administration – Defence of interest in property – Role of competent lawyers and able jurists – Need to satisfy technical requirements of court proceedings with regards to competency of parties |
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Women and Divorce – Women and Justice Administration – Petition for divorce on ground of adultery – Effect of respondent/woman’s failure to file an Answer – Whether admission of adultery and pregnancy for another man – Children and Custody – When custody of children of the marriage would be granted to the father |
| AJODHA V. THE STATE AND OTHER APPEALS |
Women and Security- Woman victim of rape and robbery – Women and Justice Administration – Need for Police and Prosecutors to conduct criminal investigation and prosecution properly |
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Women and Security/Justice Administration – Mob-killing by Burning – Aged mother of village Head locked into a room and house set on fire by mob – Need to show relevant evidence tying accused persons to the crime – Effect of failure thereof |
| AKILU V FAWEHINMI |
Women in authority – Attorney-General of Lagos State refuses to initiate criminal proceedings or to endorse the certificate to enable Respondent to prosecute the named officers as a private prosecutor |
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Women and Real Estate/Land – Defence of interest in land – Dispute over title relating to Stool land or family land – Relevant considerations – Women and Justice Administration – Role of sound lawyers who can straddle both relevant facts and applicable |
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Murder – Children and murder – Children and criminal justice – Evidence of 12 year old of being the only eye-witness to the killing of 30 year old mother by accused person – Effect of trial court acceptance of boy’s evidence of mother’s dying declaration as corroboration of his own evidence – Acquittal of accused person Security of household and neighbourhoods – Access to emergency security and medical services – Brutal assault of mother of 12 year old boy in the night – Boy endangering his life to run into the night to call grandmother who endangered her life to rush to the murder scene where deceased daughter lay in pool of blood – How treated |
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Women and Real Estate/Land – Defence of title to land – Women and Justice Administration – Repudiation of unfair customary law mediation outcomes – Women and Customary Law – Embrace of constitutional rights over mediated outcome of customary law authorities |
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Women and Justice Administration/Property interests – Widows – Women and interest in land – Title to land – Widow’s right – Defeat of title to land inuring to widow due to some technical rule of evidence |
| ALAWODE V. SEMOH |
Children and Justice Administration – Fatal Accidents – Minors/surviving dependants (suing via Next Friends) for damages against loss occasioned by death of father – Procedural challenges – How treated |
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ALHAJI IBRAHIMAH OF SEKONDI V. MAMMA GARIBA AND OTHERS
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Women and Real Estate/Justice Administration – Women and polygamous family – Polygamous family with absent/later deceased husband/father – Where one of the wives was husband’s former slave domestic – Expropriation of family homestead by government in exchange for financial compensation and resettlement on new land – Where wife/former slave domestic deploys compensation and some fund sent by absent husband to develop properties and other assets – Whether such properties/assets are family estate owned by its members as a polygamous family – Whether any part can be identified as belonging to the industrious woman in spite of her history which can be inherited solely by her adopted child to the exclusion of the rest of the family |
| ALHAJI OSENI OLAYINIYAN & ORS V. CHIEF MRS. E.T. FATOKI |
Women and Justice Administration/Property – Widows and Administration of estate – Protection of interests in land owned by deceased husband |
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ALLEN AND OTHERS V. JAMBO HOLDINGS
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Women/Children and Justice Administration – Widowhood – Fatal Accidents claim – Death of husband/father caused by propeller of plane he was about to board – Injunction restraining movement of the plane pending proceedings – Whether should be discharged because widow could not afford to pay her own legal cost and had to legally aided by State even where widow and her children have a good, arguable case for claiming damages on the ground that it was at least in part the fault of the pilot. |
| ALLI V. ALLEN |
Women and Justice Administration – Execution of judgment debt by way of court attachment of debtor’s property – Adverse claim by third party – How treated |
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Women and Real Estate/Land – Defence of interest in land – Relevant considerations – Women and Justice Administration – Judgment of a competent court relating to land – Whether can be changed or nullified through subsequent consent judgment at the instance of parties |
| AMALA V STATE |
Women and Justice Administration – Civic duty – Women as witnesses in criminal proceedings |
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Widows and Children – Women and Justice Administration – Claim for compensation arising from fatal accident claims – Need to originate suit properly in the right jurisdiction and under the right law |
| AMAWO V. A.G, NORTH-CENTRAL STATE |
Women and Real Estate/Land – Defence of interest over land arising from issuance of Certificate of Occupancy – Women and Justice Administration – Effect of existing court judgment over a new court proceeding relating to the same subject matter or parties |
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Women and Justice Administration – Refusal of access to bring an appeal to the Supreme Court due to non-compliance with Rules of the Court/technical grounds – Women and Real Estate/land – Defence of interest in land |
| ANEKE V. ANEKE |
Women and justice administration – Maintenance and custody of child – Misconceived application of woman’s lawyer – Effect – When Court may deem the fact of a case peculiar and deserving of its exercise of discretion – Relevant considerations Women and matrimonial causes – Effect of Matrimonial Causes Decree – Whether confers a right of appeal from a decision of the High Court including an order made by that court in the exercise of its jurisdiction under the Decree as from the 17th March, 1970, when the Decree came into force Proceedings |
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Women and Security/Crime – Murder – Women in Business – Aged farmer found macheted to death and left in muddy waters – Women and Justice Administration – Poor Police work and prosecutorial abilities in murder trials – Effect – Women and Witchcraft – Aged mother accused of ‘killing’ daughter-in-law by means of witchcraft – How treated |
| ANISIUBU V. EMODI |
Women in Business – Women and Real Estate – Defence of interest in Market stores and shops – Women and Justice Administration – Failure of legal representative to appear in court – Whether client should be punished for the negligence of lawyer by having her application for adjournment refused and her case dismissed |
| Women and Justice Administration – Divorce and separation – Petition for Judicial Separation – Whether Church ceremony constitutes valid marriage under the Marriage Act – Relevant considerations | |
| ANYIM V. THE STATE |
: Women and Justice Administration – Murder – Landlady allegedly killed by tenant with a machete – Plea of insanity by killer – How treated – [Young Women and Romance – Implications for justice |
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APPIAH DANKWA AND OTHERS v. THE KING
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Young people and justice administration – Young people engaging in violent conducts as minions of older political actors – Criminal conviction arising therefrom – Rule that “old and young alike that those who engage in, or lend themselves to, enterprises of this kind, in defiance of authority, cannot expect to be treated with leniency” – Implication for sentencing |
| ARC. AUSTIN ASEMA ACHADO & ANOR v. CHRISTIANA ALAAGA & ORS |
Women in politics – Election as member of the House of Representatives – defence of electoral mandates – relevant considerations |
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Women and Murder – Women and Justice Administration – Women last seen alive with accused person – Where death of women is asserted by man as a result of a motor vehicle accident which plunged vehicle woman was travelling in with man into River – How treated |
| AROYEWUN V ADEDIRAN |
Women and Justice Administration – Whether Court should have evaluated the evidence and given judgment when it refused to believe her testimony |
| Widowhood and Justice administration – Loss of spouse due to brutal assault on same by HIS sibling – Defence of of insanity – How treated | |
| ASABORO V. ARUWAJI |
Women and Justice Administration – Bringing of relevant but fresh evidence to court on appeal – Relevant consideration |
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Women and Justice Administration – Pregnant woman who left an existing customary law ‘marriage’ for another – Where both unions are declared invalid by court – Effect on rival claims pertaining to paternity and custody of child – Whether Court can order an adult woman to live with a lover/husband against her will – Women and customary Law – Validity of marriage – Failure to observe constitutive rites and ceremonies – Whether cannot be cured by intention of parties, cohabitation and birth of child Children and Justice Administration – Custody of child whose gestation coincided with different marriages/cohabitation of mother with two different men – Determination of paternity – Implication for custody – Whether it is in the best interest of child of disputed paternity to leave the question unresolved |
| Children and Right to Life – Murder of a 7 year old – Killed for spilling millet flour and putting sand into it on a farm – Whether act of child qualifies as provocation – How treated | |
| ATAKE V THE ATTORNEY-GENERAL OF THE FEDERATION AND ANOR |
Children/Widows and Justice Administration – Belief in witchcraft – Wife and children who were eye-witnesses to killing of husband/ father – Where accused claims to have been provoked by death of his own son which a herbalist attributed to the deceased – How treated |
| Women and Justice Administration – Contempt of court – Woman used as a poignant illustration by Lord Denning – Duty of every citizen to uphold the honour and integrity of courts of law | |
| ATEJI V THE STATE |
Women in Business/Crime – Murder of woman due to quarrel arising from payment for kerosene delivered to neighbour/customer – Proof of Children and justice administration – Evidence of children/young people who were eye-witness to assault and death of mother – Material contradictions therein – How treated by Court |
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