South First’s Post

The validity of an appeal depends on several considerations, such as franking, service, and other requisite conditions precedent stipulated by the law. As a result, there have been several instances where appeals have been struck out for non-compliance and/or non-fulfillment of these conditions precedents. In this article, our Senior Associate, Tochukwu Amaefule, discusses the appellate regime of the Nigerian judicial system, the appellate jurisdiction of Courts, the validity of an appeal, the difference between the right of appeal and appeal as of right, leave to appeal, and the proper way to fulfill the condition to seek leave to appeal where necessary. Click the link to read - https://bit.ly/4ahQrVv #ALPNG #Appeals #Compliance #Nigeria #Courts #Appellate #JudicialSystem #Jurisdiction

Stop misusing ex parte order https://ift.tt/3YjQptZ Senate President Godswill Akpabio has told judges in the country to stop ”misusin”g ex parte orders, especially in political cases.   In his speech titled “Repositioning the Justice System, Constitutional, Statutory and Operational Reforms for Access and Efficiency” at the National Summit on Justice in Abuja on Wednesday, April 24, Akpabio noted that it is imperative for the National Judicial Council (NJC) to exercise stringent oversight to curb the misuse of ex parte order.   He said;    “We recommend prompt and decisive punishment for erring judges who are found to be involved in this abuse. We further propose that the NJC establish clear and detailed standards governing the issuance of ex parte orders, accompanied by a defined set of sanctions for violations. These sanctions should be severe enough to deter people from future abuses. “We recommend that the NJC should conduct regular audits and reviews of ex-parte orders issued by judges to ensure compliance with established standards.  “As was done in the criminal jurisprudence during the enactment of Administration of Criminal Justice Act, 2015, we propose that all appeals in civil cases should be taken only after the conclusion of the substantive case. “This change will accelerate judicial processes, reduce backlog, and ensure that litigations are not unduly prolonged by intermediate appeals. “Another area requiring urgent reform is the process of obtaining the Attorney General’s consent before executing judgments. This requirement often acts as a bottleneck, delaying justice and undermining the autonomy of our judicial system. We propose modifying this requirement to facilitate a swifter execution of judgments, thereby enhance the efficiency and effectiveness of our justice system.”   Akpabio also said that such reforms will foster trust in the justice system and improve the overall efficiency of legal proceedings involving the government.   He added;    “This integration will not only fortify our constitution and electoral framework but will also ensure that justice both in letter and in spirit becomes more attainable for every Nigerian. ”The national Assembly is not unaware of the delays and backlogs plaguing the courts, adding that the issues make justice to be seen as inaccessible and inefficient.” Source link via POTPOURRINEWS https://ift.tt/3CgWfYx April 24, 2024 at 07:08PM

SC asks ED to file response to Soren's plea for interim on May 20 . . Follow Lawstreet Journal for more legal updates #SupremeCourt #EnforcementDirectorate #HemantSoren #InterimRelief #LegalProceedings #May20 #CourtOrder #JudicialProcess #SCResponse #IndiaPolitics #India #LawstreetJ . . Click to read full article 👇 https://rb.gy/6dk5nj

Dive into the heart of the case between Minister Agunloye and the EFCC Commission in Nigeria 🇳🇬 Crucial issues for fundamental rights and judicial transparency at stake ⚖️ Let's stay connected to follow the evolution of this case 🔍 #Nigeria #AntiCorruption #TransparentJustice 💼

The legal saga unfolds! Governor Abba Yusuf contests the Kano Tribunal's judgment and takes the case to the Appeal Court. Stay tuned for updates as this pivotal legal battle continues. Learn more>> https://lnkd.in/dK27FQGc .. . . . . . #entrepreneur#business#billionaire#startupbusiness#advice#Tinubu#businessnews#NewsUpdate#politics#nigeria#lagos#africa

‘Governor positioned himself as political rival’, TN govt files plea in SC against delay in assenting bills . . Follow Lawstreet Journal for more legal updates #GovernorRNRavi #MKStalin #TamilNaduGovernment #SupremeCourt #BillAssentDelay #PoliticalRivalry #GovernorVsGovernment #GovernorActions #TamilNaduPolitics #LegalMatters #GovernorPowers #BillAssent #TamilNaduLegislation #LegalProceedings #PoliticalDisagreement #india #lawstreetj . . Click to Read full Article https://lnkd.in/dF8Npxk8

Repealed statute: Provisions of a repealed statute preserved by a saving clause in the repealing statute; When a statute repeals an earlier statute and it was an unqualified repeal, then the effect of such repeal was that the earlier statute got repealed in its entirety. However, where the Legislature intended to preserve any power or inchoate right in relation to the repealed statute, then a saving clause was incorporated in the repealing statute whereby certain provisions were preserved from getting repealed to the extent and with regard to the subject mentioned in the saving clause. Provisions of the repealed law that were so preserved were to be regarded as if the repealed statute was still in operation. 2016 S C M R 816 [Supreme Court of Pakistan] Present: Ejaz Afzal Khan, Sardar Tariq Masood and Faisal Arab, JJ

Are your non-disclosure agreements airtight? Our latest article looks at the ubiquitous remedies provision and the power of injunctive relief, a legal remedy that goes beyond monetary damages when NDAs are breached. Learn how it can safeguard your confidential information: https://lnkd.in/ddq-v6AF #NDAs #remediesprovision #injunctiverelief #damages

Customs: The High Court has held that the adjudicating authority is bound to adhere to the elementary principles of natural justice by adverting to the contentions raised in an application seeking provisional release and affording the applicant an opportunity of being heard. The Court also held that the act of adjudicating authority in deciding an application for provisional release is an adjudicating procedure and not a ministerial act. [2023-juristway.com -2231-HC(Kerala)-Customs] #Customs #juristway

SC Mandates Advocates to Verify Facts: Saumya Chaurasia’s Landmark Case Though Advocates Settle Pleadings And Argue On Clients Instructions, They Have Duty To Verify Facts From Case Records: SC It is most significant to note that the Apex Court while ruling on a very pertinent legal point pertaining to the duty of advocates to verify facts from the case records in a most learned, laudable, landmark and latest judgment titled Saumya Chaurasia vs Directorate of Enforcement in Criminal Appeal No. 3840 of 2023 @ Special Leave Petition (Crl.) No. 8847/2023 and cited in Neutral Citation No.: 2023 INSC 1073 in the exercise of its criminal appellate jurisdiction that was pronounced as recently as on December 14, 2023 has minced just no words absolutely to hold unequivocally that advocates settle pleadings and argue in court on instructions given by the clients, they have also the duty to diligently verify the facts from the records of the case. Read more at https://lnkd.in/erRmPCpS #SC #Mandates #Advocates #Verify #Facts #Saumya #Chaurasia #Landmark #Case