Okorie, Nwokoro & Co

Okorie, Nwokoro & Co Legal Consultants

27/05/2026

NUGGETS FOR THE DAY:
By virtue of S. 233(2) CFRN (2nd Alteration) Act, 2010 appellants no longer have the right to appeal on grounds of mixed law and facts to the Supreme Court as appeals on same terminate at the Court of Appeal; the powers of the Supreme Court to grant leave to appeal on those grounds have been effectively removed by that alteration- ERIBENNE v. UGOH (2026) 7 NWLR (pt 2043)485, 500 rat 20 SC

NOTE: The said 2nd Alteration removed sub-section (3) of S. 233 CFRN' 99 which provided for appeal with leave...

21/05/2026

*NUGGETS FOR THE DAY*
*Chieftaincy matters*
It seems that the government can only regulate the Chieftaincy it created and have no power over the ones created by tradition- NGERE v. OKURUKET XIV (2023) All FWLR (pt 1204) 931, 949 rat 13 SC
See also: ỌBÁNOBI v. OLUSI (2026) 7 NWLR (PT 2042) 215 SC

QUARE: With the proliferation of autonomous communities in especially Abia State in particular and the Southeast in general following the 1976 Local Govt reform, one wonders the status of places like *Arochukwu* , Oguta, Onitsha etc that had and still have long established Ezeship structure long before the creation of the Nigerian state on one hand and the Traditional Rulers and Autonomous Communities Law of the various states, including Abia State.

Would their Ezeship succession go with their already established traditional succession or conform to the dictates of the Traditional Rulers and Autonomous Communities Law going by the dictates of the Supreme Court judgment cited above?

27/04/2026

Proceedings conducted in the absence of a party that was served notice of that day's proceeding is not a violation of his right to fair hearing and does not diminish the fairness of the trial- HARUNA v. KATSINA STATE (2026) 6 NWLR (pt. 2038) 15, 22 rat. 6 SC

...on INEC vis-a-vis ADC political imbroglio, I have to quote Prof. Ben Nwabueze:'In cases of great constitutional or po...
03/04/2026

...on INEC vis-a-vis ADC political imbroglio, I have to quote Prof. Ben Nwabueze:

'In cases of great constitutional or political gravity affecting the peace and stability of the nation, while legalism should be the dominant principle for deciding them, the court [ *INEC- mine* ] is also entitled to take into account other factors, such as the ethical presuppositions and moral sensibilities of the society, the attitude of the public in the matter as manifested in the people's expressed sentiments and actions, the social consequences of a decision, and national expediency generally or what is best for the common good of the community and other social facts.'

Prof. B. O Nwabueze: The Presidential Constitution of Nigeria, p. 200

It is said that the INEC Chairman is a Professor of Law. I wonder what was working on his mind when he allowed INEC take the decision of allowing ADC be without leadership. Was he trying to leave the 2027 presidential elections uncontested or what?
Would that be the intention of the framers of our laws especially the constitution and the electoral laws?

There's still room for a turn around even though the arms have been played- loyalty had been shown where it lies...in matters of this nature, when trust is betrayed, it's difficult to get it back...

15/03/2025

A judgment is said to be perverse when the court takes into account matters it ought not to have taken account or ignores, overlooks or shuts its eye or attention to the obvious or proved facts or evidence so as to tilt the scale of justice in favour of one of the parties- DIBIA v. TUBONIMIA (2024) ALL FWLR (PT 1234) 977,984 RAT 4 SC

CRISES IN RIVERS STATE ON MY MIND: 27 Legislators defected on the floor of the State Assembly, went ahead to depose the fact of their defection in an affidavit, attended a rally of the party they defected to and were welcomed by them amongst many overt acts of them... The extant sections of the law is self-executing what happens when such occured; the then speaker of the Assembly declared their seats vacant; the matter relating to the status of the 27 defected members is still pending at the FHC...
The SC passed its judgment that more or less torpedoed the suit at the FHC, foisted a near state of anarchy and lawlessness on a section of the country.
Permit me to seek for clarification and/or help me distinguish the above ratio of the same Supreme Court judgment in the suit cited above vis-a-vis what's happening in Rivers State...

15/08/2023

NUGGET FOR THE DAY:
a. While proceedings cannot be taken against a company in liquidation without leave, the company itself could proceed against another without leave. Registry judgment i.e judgment delivered by the registry department of a court is unconstitutional, illegal and nullity-

ICON Ltd v. FBN Ltd (2003) 12 NWLR (835) 668, 671 rat 1 CA; Agro Allied Dev v. MV Northern Re**er (2009) All FWLR (pt 481) 862 SC; Ezeobi v. Daily Times (2013) All FWLR (pt 672) 1778, 1781 rat 5 CA; Dematic Nig Ltd v. Utuk Motors (2023) All FWLR (pt 1181) 385, 390 rat 2 SCBy the provisions of s. 585(9)CAMA, 2021

b. Upon appointment of a liquidator the powers of the board/Directors of the company ceases but the directors/board or any other person could maintain action in their individual/corporate personality to protect their personal interest in the company or its affairs; ordinarily, in winding up of a company, it is only the liquidator that can sue in the company’s name though the Directors may appeal the winding up order before liquidation-

Dematic Nig Ltd v. Utuk Motors (2023) All FWLR (pt 1181) 385, 387 rat 1 SC

02/11/2022

NUGGETS FOR THE DAY:
1. Fundamental rights application could be filed on behalf of a dead person- NSCDC v. SAMUEL (2022) ALL FWLR (pt 1141) 371, 373-7 rat 2,3 CA

2. That one committed a crime and was arrested will not stop him from enforcing his rights, if breached- IHIM v. MADUAGWU (2021) All FWLR (pt 1093) 2077, 2081 rat 3 SC; EMODI v. REG'D TRUSTEES, ASABA SPORTS CLUB (2020) LPELR 52681 CA; NDLEA v. BWALA (2022) LPELR 56566 CA; NSCDC v. SAMUEL (2022) ALL FWLR (pt 1141) 371, 384 rat 4 CA

22/06/2022

NUGGETS FOR THE DAY: FUNDAMENTAL RIGHTS APPLICATION
a. Invitation by police without more cannot ground action for fundamental rights- KURAMA TRADITIONAL COUNCIL v. YANI (2021) ALL FWLR (PT 1086) 1040, 1052 rat 6 CA

b. The decision that bringing joint application in fundamental rights application is incurably bad as was held in -KURAMA TRADITIONAL COUNCIL v. YANI (2021) ALL FWLR (PT 1086) 1040, 1050 rat 5 CA ran contrary to the decision in FINAMEDIA GLOBAL SERVICES LTD v. ONWERO NIG LTD & ORS (2020) LPELR 51149 amongst many others; See also the following cases INCORPORATED TRUSTEES OF DIGITAL RIGHTS LAWYERS INITIATIVES v. NIMC (2021) LPELR 55623 CA to the contrary that joint application is competent.

c. That one committed a crime and was arrested will not preclude him for seeking enforcement of his rights if breached- IHIM v. MADUAGWU (2021) All FWLR (pt 1093) 2077, 2081 rat 3 SC; EMODI v. REGD TRUSTEES of ASABA SPORTS CLUB (2020) LPELR 52681 CA; NDLEA v. BWALA (2022) LPELR 56566 CA

11/04/2022

NUGGETS FOR THE DAY:

POST JUDGMENT SETTLEMENT/COMPROMISE:
Parties reserved their rights even after court’s pronouncement to alter their position despite the court’s pronouncement or judgment; this new agreement may be brought to the attention of the court as it even supersedes the original judgment as it may be the one subject of appeal not even the original judgment- MINAJ HOLDINGS LTD v. CG CUSTOMS (2021) ALL FWLR (PT 1092) 1964, 1967 rat 1 SC

28/02/2022

NUGGETS FOR THE DAY:
MISNOMER, MISTAKE IN NAME
Misnomer does not lie in giving the name of a wrong person but in mistakenly giving a wrong name to the right person intended to be sued; amendment is allowed where the person misnamed is a juristic person and is in existence- OBASI V. MIKSON ESTABLISHMENT (2005) ALL FWLR ( PT 250)153,157 rat 3 CA affirmed by the Supreme Court in OBASI V. MIKSON ESTABLISHMENT (2016) ALL FWLR ( PT 859) 811,819 rat 8 SC; THE VESSEL MT TIGER V. ACCORD SHIPPING MGT (2020) ALL FWLR (PT 1067) 389, 397 RAT 5 CA

B. Mistake as to the NAME of a party sought to be sued is a misnomer which could be amended while a mistake as to the IDENTITY of the person is not a misnomer. It cannot be amended- ATS & SONS V. BEN ELECTRIC (2019) ALL FWLR (PT 986) 567,598 rat 21 SC

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