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Legal News & Articles

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LearningTheLaw > Legal News & Articles (Page 15)
26 May
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Facts in Issue and Relevant Facts: The Gateway to Evidence in Nigerian Courts

Posted by Kolawole Adebowale
in Class Notes, Evidence Law

Picture a land dispute in the Ibadan High Court. The plaintiff says the defendant trespassed on his farmland. The defendant says the land belongs to him and he was simply exercising his right. The plaintiff's counsel calls a witness who wants to testify that the defendant has a bad temper and once quarrelled with a neighbour. The defence objects. The judge sustains the objection. Why? Because the defendant's temper is not a fact in issue and is not relevant to any fact in issue in that case. It does not make the question of who owns the land any more or...

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26 May
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Sources of Nigerian Law of Evidence: From the 1943 Ordinance to the Evidence Act 2011

Posted by Kolawole Adebowale
in Class Notes, Evidence Law

In 1952, a man stood trial in a Nigerian High Court and his counsel tried to argue that certain evidence should be admitted based on an English common law rule that existed before the Evidence Ordinance came into force. The court had to decide: does that old English rule still operate in Nigeria, or has it been replaced by the statute? The answer depended entirely on understanding where Nigerian evidence law comes from and how the different sources rank against each other. That question has not gone away. In fact, it became more complicated when the Evidence Act 2011 replaced the...

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26 May
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Court Clears Jonathan to Contest 2027 Presidential Election

Posted by Kolawole Adebowale
in Legal News

A Federal High Court in Abuja has cleared former President Goodluck Jonathan to contest the 2027 presidential election, dismissing a suit that sought to disqualify him. In a judgment delivered on Tuesday, Justice Peter Lifu ruled that the case was an abuse of the court process, effectively removing a legal hurdle that has shadowed speculation about Jonathan’s political future. The suit was brought by a lawyer, Johnmary Jideobi, who was subsequently fined N20 million by the court for filing the frivolous case, as reported by punchng.com. Former President Goodluck Jonathan's eligibility for the 2027 election has been affirmed by a Federal...

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26 May
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What is the Law of Evidence in Nigeria? Meaning, Scope and Classification

Posted by Kolawole Adebowale
in Class Notes, Evidence Law

Imagine you are sitting in the gallery of the Oyo State High Court watching a murder trial. The prosecution counsel stands up and says the accused was seen leaving the scene of the crime. The defence counsel jumps up and objects. The judge asks: what is the basis for that objection? What follows is not an argument about whether the accused actually killed anyone. It is an argument about whether the way that fact is being proved is legally acceptable. That argument, the debate about how facts are established in court, is exactly what the law of evidence is about. Every...

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21 May
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The Nigerian Land Tenure System: Customary Law and Landholding Principles

Posted by Kolawole Adebowale
in Class Notes, Exam Preparation, Land Law, Study Resources

Land is not simply property in Nigeria. It is identity, history, and inheritance compressed into soil. A family's land tells the story of where they came from, who they are, and what they owe to those who came before and those yet to be born. That understanding shapes everything about how Nigerians have historically related to land, and it explains why no attempt to impose a single, uniform system of land law has ever fully succeeded. Nigeria's land tenure system today is the product of three legal traditions operating simultaneously and imperfectly alongside each other: indigenous customary law, colonial statutory interventions...

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21 May
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Individual Ownership of Land Under Nigerian Customary Law

Posted by Kolawole Adebowale
in Class Notes, Land Law

There is a quiet paradox sitting at the heart of Nigerian customary land law, one that most textbooks walk past without stopping to notice. The entire framework of family property rests on the concept of a founder: a person who originally owned land individually, who settled on it, built on it, and controlled it as their own, and whose death transformed that personal ownership into collective family property. If the founder's individual ownership is the seed from which family ownership grows, then individual ownership is not a late English importation at all. It was there first. This paradox goes to the...

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21 May
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Kola Tenancy and Land Borrowing: A Critical Analysis of Customary Land Grants

Posted by Kolawole Adebowale
in Class Notes, Land Law

Imagine being handed land on which to build your house, raise your children, and plant your farm. You pay a token amount, maybe the equivalent of a few kolanuts and drinks, and you are let into possession. You build. You farm. Decades pass. Your children take over. They too build. At some point, someone from the original landowner's family shows up and asks for a fresh kola payment to acknowledge their title. If you refuse, the tenancy is at risk. If you agree, you have just confirmed, again, that you are not the owner of the land you have occupied...

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20 May
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Allotment and Use: The Legal Rights of Members in Nigerian Family Property

Posted by Kolawole Adebowale
in Class Notes, Land Law

Picture a man who spends thirty years building his life on a piece of land. He clears it, plants crops, constructs a two-storey house with money he earned, watches his children grow up inside its walls. Then he dies. His widow soon discovers that the land was never truly his to give. The family head shows up. Other relatives make their position known. And neither the thirty years of effort, nor the building that still stands, nor the memories baked into the foundation, can alter the legal outcome. This is not a story of injustice or corruption, though it may feel...

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