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Can a Defence Counsel Plead Allocutus on behalf of a Convict? Interrogating Nweke Chibueze Francis v Federal Republic of Nigeria

Abstract

At the conclusion of a criminal trial, the outcome of the proceedings is that the defendant is either acquitted or convicted. Where he is acquitted he will immediately leave the dock and go home without more. But where he is convicted he will be sentenced according to law. However, between conviction and sentence there exists a procedure known as a plea of allocutus by which the defendant (who has now become a convict) pleads with the Judge or the presiding officer to temper justice with mercy by reducing his sentence. This article examines whether a defense counsel can plead allocutus on behalf of his convicted client considering the recent decision of the Supreme Court in the above case wherein the apex court in an unprecedented legal twist prohibited legal practitioners from pleading allocutus on behalf of their clients.

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The Concept of Legitimate Expectation

Abstract

Legitimate expectation’ as a concept in public law is relatively new in the history of legal development. Little wonder, therefore, that counsel to parties in litigation hardly resort to it to anchor a cause of action or argue their clients’ cases. Society is dynamic. So also, are socio-legal needs and legal solutions to legal problems. It is relevant in resolving disputes in many jural relationships such as one between school authority and students; employer and employee; bachelor and spinster; government and the governed. It is against this background that the concept is explained not only from its ordinary meaning, but also from the more important technical perspectives of its juristic and scholastic connotations. The concept of legitimate expectation is an appropriate review mechanism that can be administratively and judicially applied to protect the legitimate expectations of persons.

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The Immunity Clause shields Corruption and Abuse of Office by Public Officers in Nigeria

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This paper continues the debate on the constitutional immunity reserved for a few elected office holders in Nigeria by questioning its rationality. The immunity clause provision, as contained in the nation's constitution, is a safeguard or shield for the beneficiaries to legal impediments or inhibitions in the discharge of their constitutional duties or functions, and to promote good governance so as to ensure accelerated development in the society. The legal framework put in place to check corruption in public office was examined against the massive corruption by some public officers to whom the constitutional immunity applies. This paper argues that the immunity shields corrupt public officers and by extension emboldens corruption in public office. Finally, this paper proffers possible ways the ills so far associated with the clause can be corrected by way of recommendations.

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Engendering Speedy Adjudication through the National Industrial Court’s ‘Trial on Record’ Procedure

Abstract

It is often said and truly so that justice delayed is justice denied. The desire of every litigant when approaching the court to seek redress is that his/her cause will be heard and determined expeditiously. However, owing to several factors ranging from human to institutional, cases filed in court were heard and determined longer than expected. The National Industrial Court of Nigeria (NICN) is a specialised court which has exclusive original civil jurisdiction over labour and ancillary matters which by their nature, have to be adjudicated expeditiously. To achieve this aim, the NICN Civil Procedure Rules, 2017 has introduced the practice of trial on records. This paper while highlighting the developmental sojourn of the NICN, examines the court’s practice of ‘trial on record’ by foregrounding its merits and demerits, the challenges facing the procedure and makes recommendations towards overcoming same.

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Determining the Territorial Jurisdiction of the National Industrial Court of Nigeria: A Review of Johnson v Eze

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This article through desk-based methodology reviews the Court of Appeal decision in Francis Johnson &n Anor. v. Comrade Emma Eze & Anor. wherein the Court held that the National Industrial Court of Nigeria (NICN) has a nationwide territorial jurisdiction hence, the provisions of the Sheriffs and Civil Process Act (the SCPA) requiring endorsement of originating process issued in one state but to be served in another is inapplicable to processes filed at the NICN. This article while taking a historical excursion into the jurisdictional evolution of the NICN highlights the impact of the decision on the mandate and jurisdiction of the NICN as a specialized court. It argues that the decision has insulated the NICN from the shackles of technicality which is capable of arising if the NICN had been made amenable to the provision of section 97, 98 and 99 of the SCPA. It further contends that the decision is a welcomed development and same should be followed in subsequent cases in order to protect the NICN from technicalities with its concomitant adverse effects.

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The Use of Forensic Evidence in Court and the Role of the Forensic Expert

Abstract

In resolving disputes in court whether criminal or civil, reliance is often placed on evidence. Very often this evidence is available in the form of oral testimony. In fact, there has been a lot of discussion in the past over corroboration in the cases of sexual assault. These discussions center around the need for corroborating oral testimony which is often lacking because crimes generally and sexual offences in particular are committed in private. These discussions have therefore culminated in a need for external evidence which is reliable and mathematical in its accuracy. Forensic science fills this void. Using a doctrinal method, this paper examines the use of forensic evidence in court and the role that the expert witness plays to ensure the effective use of this type of evidence.

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Admissibility of Electronic Evidence in Criminal Litigation in Nigeria: A Case of New Wine in Old Wine Skin

Abstract

Prior to the introduction of Section 84 of the Evidence Act, 2011, there was a lot of confusion on the admissibility or otherwise of computer generated evidence in Nigeria. The confusion was borne out of the distrust by our justice system for computer generated documents which were mostly prone to unnoticeable manipulation and alteration unlike traditional paper evidence. Section 84 of the Evidence Act, 2011 was therefore the new dimension towards solving this legal problem by regulating the authentication and admissibility of electronic evidence. This article examines some notable criminal appeals post-2011 and the judicial attitude of Nigerian Courts in criminal litigation to Section 84 of the Evidence Act, 2011. The article finds that notwithstanding the innovation that the said Section 84 brings to solving this legal problem, there has been a great level of inconsistency and disharmony in its application. The article suggests that unless urgent steps are taken to stem the tide of inconsistent decisions through the introduction of supplementary guidelines on admissibility and authentication of electronic evidence, the inconsistency will persist.

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