Legalpedia Nigeria Limited ’s Post

Muhammad Sani Kassim, PMP's important question about the role of civil society organizations in holding governments to account for obligations freely assumed under ratified international treaties inspired me to reference a piece I wrote for University of Lagos Law Review in September 2023. Titled "Tracking Progress on Criminal Justice Reform in Nigeria: The Imperative for an Annual Review of Implementation Efforts," the article attempts to find answers to questions such as why the promise of the Administration of Criminal Justice Act, 2015 has not translated to tangible outcomes for "ordinary people" and how we might change that. Please have a look and let me know what you think.

Delhi High Court Takes Action Against Publication of Contemptuous Legal Notice Sanjana Krishnasarma, Associate at VMH & Associates shares "The Hon’ble Delhi High Court has issued, notices to The New Indian and X (formerly Twitter) following the publication of a legal notice containing allegedly contemptuous remarks against the judiciary. The notice was tied to a dispute involving Hero MotoCorp and made accusations that questioned the integrity of the court and its Registry, potentially scandalizing the judiciary. The notice did not include an advocate’s credentials, raising further concerns. The Hon’ble Court expressed that such actions may lower the judiciary’s dignity and public confidence in it. The next hearing is scheduled for October 25, 2024. This incident highlights the judiciary’s commitment to upholding its integrity, especially in cases where public accusations could tarnish its reputation. The publication of unverified or unsubstantiated allegations can lead to legal consequences, as demonstrated by the Hon’ble Court’s immediate response in this case. With digital platforms like X involved, the case also underscores the broader responsibility of social media outlets in moderating content that could harm the judiciary’s standing. Given the gravity of the allegations and the lack of professional validation in the legal notice, the case serves as a reminder of the significance of proper legal procedures and the potential repercussions of bypassing them. The matter will be further examined in the next hearing later this month." https://lnkd.in/daVXxYKm

Renowned Lawyer Wilfred Mutubwa Passes Away After Collapsing in Nairobi Kenya’s legal and academic circles were left reeling following the sudden deaths of two prominent professionals: lawyer Dr. Wilfred Mutubwa and lecturer Dr. Jairus Omuteche. The two deaths, occurring within days of each other, have sparked widespread grief and calls for thorough investigations. Lawyer Wilfred Mutubwa Collapses During Court Session Dr. Wilfred Mutubwa, a distinguished #JairusOmuteche #Lawyer #MKU #WilfredMutubwa >>> Read more

The IALL blog is enhancing access to supreme court decisions and constitutional law globally. Our latest post covers South Africa and Norway, with insights from our members. Stay tuned for updates from the Philippines and Australia in January! 📚 #SupremeCourt #ConstitutionalLaw #IALLBlog https://lnkd.in/dCaNvBYy

Soon after Nigeria's independence in 1960, the legislature enacted the Foreign Judgment (Reciprocal Enforcement) Act ("the Act") to replace the colonial Reciprocal Enforcement of Judgment Ordinance, 1958 ("the Ordinance") with its commencement date on 1st February 1961. Section 3 (1) of the Act mandates the Attorney General and Minister of Justice of the Federation ("AGF") to promulgate an Order to extend the Act to countries with reciprocal treatment of Judgments with Nigeria. Though, commonwealth countries have reciprocal treatment of Judgment with Nigeria, sucessive AGFs have refused to promulgate the Order to make Part I of the Act to become operative so that the Ordinance will cease to be in effect. It is upon this premise that we commenced Suit No. FHC/ABJ/CS/755/2017; Emmanuel Ekpenyong Esq. v AGF for the Court to compel the AGF to promulgate the Order. Though the Court found that we had locus standi to institute the suit, the Court held that the AGF had a discretion on promulgation of the Order. This decision was affirmed by the Court of Appeal in Appeal No. CA/A/132/2020. In Appeal No.SC/CV/92/2024, we sought and obtained the leave of the Supreme Court of Nigeria to appeal against the Judgment of the Court of Appeal on the grounds that under Nigeria's Constitutional democracy no authority or person including the AGF has absolute discretion on the exercise of a statutory power which is not subject to the judicial review of the Courts. This is to prevent an abuse of the discretion or a non-use of the discretion as in this case. We also contend at the Supreme Court that the literal interpretation of the word "may" in Section 3 (1) of the Act has resulted to absurdity because close to 64 years after enacting the Act, it is yet to come into operation. We urged the Court to employ the purposive rule of interpretation of the provision to give effect to the intention of the legislature when they enacted the Act in 1960. Our case is that the AGF has discretion on the countries it will extend reciprocal treatment of Judgment to and not a discretion on whether or not to promulgate the Order to bring Part I of the Act into operation. https://lnkd.in/dSbnVvkb

The recent and somewhat ‘twin’ decisions of the Rome Court of First Instance in RTI v Vimeo (decision 5700/2023) and RTI v V Kontakte (decision 14531/2023) are examples of both a misunderstanding and misapplication of CJEU case law, notably the 2021 judgment in YouTube, C-682/18 and C-683/18 Thankfully, this is not how judgments are drafted in Luxembourg. Hence, the difficulty of national courts in applying them appears hard to justify. Hopefully, future cases will be more respectful of the CJEU guidance. https://lnkd.in/edNU_Cqu

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