Jurisdiction in Garnishee Proceedings: The position in Nigeria

This paper seeks to address the position of the law in respect of determining jurisdiction in garnishee proceedings involving the Federal Government or its agencies and the Garnishee banker.

jurisdiction-in-garnishee-proceedings-the-nigerian-positionDownload

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BAIL

CRIMINAL LAW AND PROCEDURE – BAIL – Factors to be considered in granting or refusing bail


The Supreme Court in Dokubo-Asari v. FRN (2007) had this to say –

“When it comes to the issue of whether to grant or refuse bail pending trial of an accused by the trial Court, the law has set some criteria which the trial court shall consider in the exercise of its judicial discretion to arrive at a decision. These criteria have been well articulated in several decisions of this court. Such criteria include, among others, the following: (i) the nature of the charge; (ii) the strength of the evidence which supports the charge; (iii) the gravity of the punishment in the event of conviction; (iv) the previous criminal record of the accused if any; (v) the probability that the accused may not surrender himself for trial (is he/she a flight risk ?); the likelihood of the accused interfering with witnesses or may suppress any evidence that may incriminate him; (vii) the likelihood of further charge being brought against the accused; (viii) the probability of guilt; (ix) detention for the protection of the accused; (x) the necessity to procure medical or social report pending final disposal of the case. See: Bamaiyi v. State (2001) 8 NWLR (Pt. 715) 270; Abacha v. State (2002) 5 NWLR (Pt. 761) 638; Ani v. State (2002) 1 NWLR (Pt. 747) 217; Ekwenugo v. Federal Republic of Nigeria (2001) 6 NWLR (Pt. 708) 171; Eyu v. State (1988) 2 NWLR (Pt. 78) 602.

Writing Legal Opinions

A legal opinion is an analysis of the law vis-a-vis given facts. Sometimes it is required by an individual client or an organisation, or in the case of an in-house counsel, the Management of his employer or a sister department or unit in an organisation in which the lawyer is employed. 


 ILAC/IRAC – An acronym/mnemonic  to aid memory of what steps and action to be taken when writing a legal opinion or essay. ILAC stands for –

1. Issue-

2. Rules/Law-

3. Analysis-and

4. Conclusion.


Issue – First you identify the issue. This can be extracted from the instruction letter from a client or action memo from Management. Always begin by determining the issue(s). Where it is not clear, call for more information or documents from the client or management.  A phone call or meeting, or e-mail may suffice depending on the circumstances. 


Law/Rules – what is the Law or Rules (if any) governing or applicable to the issue? Do your research and consultation with colleagues and subject matter experts via statute books, text books, articles, case law, internet … State what the Law prescribes.


Analysis – What are the peculiar facts and circumstances of this brief? Apply the Law and principles of law to the facts in a logical and analytical manner. Probe and query the situation until a logical outcome(s) arises. That being the conclusion.


Conclusion – This is usually the outcome of your analysis.  This is usually also followed by an advice on the course of action to take.

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Diri: Nembe oil spill worst in history… our people are endangered | TheCable

We need to put out the word. It’s been a month. This Environmental disaster is destroying the ecosystem and lives of residents.

https://www.thecable.ng/diri-nembe-oil-spill-worst-in-history-our-people-are-endangered

Garnishee Proceedings – Law and Practice in Nigeria, UK and US

This paper was written as an overview of the law and practice of garnishee Proceedings in Nigeria, UK and the US. If you have any questions or further inquiries or comments please contact me via this platform or my contacts. Happy reading.

garnishee-proceedings-law-and-practice-in-nigeria-uk-and-usDownload

https://www.academia.edu/43420959/Garnishee_Proceedings_A_Critical_Analysis_of_the_Practice_and_Procedure_in_Nigeria

Use the above links to download and read.