ARTICLES

FORMING YOUR  OWN COMPANY IN NIGERIA 

By 

Adebayo Adekola 

LL.B, BL, ASM, ACIS.

Under the Nigeria Corporate Legal System, it takes two or more but not more than 50 legally qualified persons to come together to form and bring (incorporate) a private company into existence in anywhere in Nigeria while there is no limit for a public company with the aim or object or purpose of carrying on a legal business.-Section 27(1), Section 39(1) of CAMA. However, a company may Ultra vire its object. - Section 39(2)-(4) ofCAMA.  The law regulating the formation and running of a company in Nigeria; Companies and Allied Matters Act (CAMA) NO.1 1990 under it relevant section: Section 18 Companies and Allied Matters Act recognizes and stipulates the type of company that can be formed...READ MORE

                                                                                                                                                            

MEANING OF CREDIBLE EVIDENCE

By 

Adebayo Adekola 

LL.B, BL, ASM, ACIS.

Evidence is a requirement by the court in reaching its decision on a matter brought before it. The judge must proceed to consider the Evidence, contradictions and factors leading to the doubt on the credibility of the evidence.

Credible evidence was said to mean evidence worthy of belief and credit, it must not only proceed from credible sense it must be credible in itself in the sense that it should be natural reasonable and probable in view of the entire circumstances.

Finally, there is no doubt and this is also settled firstly, that the trial of any claim, does not depend on the number of witnesses except where the law requires more than one witness when the claim will fail, without the specified number of witnesses. SEE ALFRED USIOBAIFO 7 ANOR V. CHRISTOPHER USIOBAIFO & ANOR (2005) 3 NWLR (PT. 913) 665, (2005) 1 SCM 193. It is the probative value of the evidence that is the guiding principle. Thus, a court can act on the evidence of one single witness. But there is a proviso or rider and that is, if the witness can be believed given all the surroundings circumstance of the case. In other words, a single credible witness, can establish a case beyond reasonable doubt, unless, where the law for instance, required corroboration. The evidence of one witness, accepted and believed by the court, is sufficient to justify say, a conviction in the case of a criminal case or a finding for one of the parties, in civil litigation

                                                                                                                                                           

DEFENSE OF INSANITY- NON-DIRECTION AND MISDIRECTION BY TRIAL JUDGE ON THE EVIDENCE OF INSANITY

By

Adebayo Adekola

LL.B, BL, ASM, ACIS 

When an accused is arranged before a competent court of law, the accused has some rights, likewise defenses readily available to relieve him of criminal responsibility under the law. Such defenses are defense of alibi, lapses, insanity etc. However, as readily available as these Defenses are, the onus of establishing the existence of these Defenses is on the accused person. Although, these Defenses have their own established principles governing their prove before the law court, Insanity as a defense has been given a special treatment under the Nigeria legislation i.e Criminal Code, Administration of Criminal Justice Law of Lagos State, etc and the law courts have devotedly upheld the sacred defense of insanity without any dilution of the guiding principles of establishing same...READ MORE

                                                                                                                                                              

CASE DISCLOSES A REASONABLE CAUSE OF ACTION.  

By 

Adebayo Adekola

LL.B, BL, ASM, ACIS 

When a dispute arises and the aggrieved person intends seeking remedy from the court of law, one of the first duties of a counsel is to determine whether the facts brought by such plaintiff against the defendant discloses a cause of action recognizable in law and enforceable against the defendant in favour of the plaintiff. A Counsel must carefully look at the fact presented to him by the client. Where some facts or all the facts the claimant would be relying upon are available to him, he must carefully scrutinize same to see the cause of action available to the client because it is not in all occasions do clients tell the whole truth about the suit in question brought before the counsel. This also applies to the counsel representing a defendant in a suit. He must consider the case of the claimant to see if it discloses any cause of action...READ MORE 

                                                                                                                                                    

INTERLOCUTORY INJUNCTION: PRINCIPLE GUIDING GRANT OF SAME.

By 

Adebayo Adekola

LL.B, BL, ASM, ACIS 

 Injunctions are court orders commanding or preventing, made by the court for the maintenance of the status quo between the parties pending a certain date or pending the final determination of the suit. Application seeking for the grant of an injunction can be made by any of the parties at any time during the trial and before judgment. Injunctions cannot be sought or granted before the filing of the originating process in the suit. Such application for injunction can only be filed together with the originating process: ORDER 39 RULE 8 (LAGOS HIGH COURT CIVIL PROCEDURE RULES) AND ORDER 31 RULE 1 (3) (ABUJA HIGH COURT CIVIL PROCEDURE RULES)...READ MORE