The constitutional right of appeal and the well-entrenched principle of fair hearing are the foundation of modern legal systems across the globe. The principles as guaranteed under The Constitution of the Federal Republic of Nigeria (1999) as amended (“The Constitution”) ensure that in the conduct of judicial proceedings to determine the civil rights and/or obligations of the parties brought before any Court, the twin pillars of natural justice shall be adhered to and applied by the courts.
Vincent is an Associate and a key member of the firm’s Dispute Resolution Team. He also possesses relative experience in corporate and commercial transactions.
He has recently been involved in the following transactions:
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The Lagos State Government had on the 5th day of February, 2016, inaugurated the Special Offences (Mobile) Court to summarily deal with growing cases of traffic and environmental abuses in Lagos State. It is indeed a welcome development considering the various and recurrent cases of unmitigated infraction of environmental laws and traffic regulations in Lagos State. Traffic and environmental law offenders are liable to the option of fine, imprisonment or both fine and imprisonment upon trial and conviction.
The Administration of Criminal Justice Act, 2015 (ACJA) seeks to revise our criminal law and the administration of the criminal justice system in particular. The Act exhibits important features some of which are hitherto unknown to the Nigerian criminal justice system but which are aimed at transforming the tedious and slow dispensation of criminal justice in Nigeria. The salient innovative provisions of the Act discussed below seek to foster transparency in the justice system and the speedy conclusion of criminal trials in Nigeria.
One of the time honored pillars upon which rest the concept of modern Justice is captured in the Latin maxim, “audi alteram partem” which when translated means “hear the other Party”. This rule of natural justice ensures that equal opportunity and protection is afforded the competing interests and rights of the contending Parties. To achieve this, a party commencing a suit placed before Court for adjudication has an obligation to ensure that all Processes filed by him, in the suit, gets to the attention of the Defendant by proper service.
Undoubtedly, Section 131(d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) prescribes a School Leaving Certificate or its equivalent as the minimum educational qualification for candidates contesting election to the office of the President of the Federal Republic of Nigeria. It stipulates that candidates must be “educated up to at least school leaving Certificate Level or its equivalent”. Said section provides inter alia: