SUCCESS BASES TUTORIAL AND LEGAL CONSULTS

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LINKS

QUICK FACTS, DAYS, MONTHS AND YEARS IN CIVIL

LITIGATION

1. WRIT OF SUMMONS:
i. Life Span of a Writ: The life span of a Writ in both Abuja and Lagos
is 6 months, renewable for a period of 3 months and another 3 months
only; Order 8 Rule 6 Lagos Rules 2019, Order 6 Rule 7 Abuja
Rules 2018
ii. Documents that will accompany a writ of summons:
a. Statement of Claim
b. List of witnesses
c. Written statement on oath of the witnesses
d. List and copies of documents to be relied on
e. Pre-action Protocol Form 01 (Lagos) OR Pre-action Counseling
Certificate (Abuja); Order 5 Rule 2(1) Lagos Rules, Order 2
Rule 2 Abuja Rules 2018
2. APPEARANCE:
i. In Abuja the defendant has within 14 days to enter appearance (O. 9
R. 1, Abj. Rules 2018). But if the defendant is outside jurisdiction
within 30 days.
ii. In Lagos the defendant has within 42 days to appearance both within
and outside jurisdiction (Order 11 Rule 1 Lagos Rules)
3. STATEMENT OF DEFENCE:
i. In Abuja the time to file statement of defence is within 21 DAYS after
service of the originating process on him; O. 17 R. 1 Abuja 2018
Rules.
ii. In Lagos it is within 42 DAYS; O. 19 R. 1(2) of the Lagos Rules
2019
iii. The time to file a reply to the statement of defence or Counter-claim is
within 14 DAYS in Abuja and Lagos; O. 18 R. 3, Abuja Rules and
O. 20 R. 1 & 2 Lagos Rules
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 4. CLOSE OF PLEADINGS:
i. In ABUJA; pleadings are deemed to be closed at the expiration of 14
days after service of the reply or defence to counterclaim
ii. Where neither a reply nor defence to counterclaim is served, pleadings are
closed at the expiration of 14 days after service of the defence; Order 15
Rule 35 (2) Abuja
iii. In LAGOS; pleadings are deemed to have closed in the event of failure
to file defence within 42 DAYS or at the expiration of 7 DAYS from the
service of the defence or reply; O. 17 Rule 18 Lagos Rules 2019
iv. Pleadings close at the expiration of 14 days from service of the
counterclaim; Order 17 Rule 18 Lagos Rules 2019
5. INTERLOCUTORY APPLICATIONS:

Interim injunction last for 7 DAYS in Lagos and in Abuja; O. 43 R. 3(3) Lagos
Rules; O. 43 R. 3(2) Abuja Rules

6. SUMMARY JUDGMENT PROCEDURE2:

i. Undefended List is only applicable to Abuja under Order 35 and it is only
used for recovery of debt or demand for liquidated sums of money
ii. The defendant has not less than 5 days if he intends to defend to file notice
of intention to defend and a counter affidavit
iii. Summary Judgment Procedure is applicable to both Abuja and Lagos
under Order 11 Abuja Rules 2018 and Order 13 Lagos Rules 2019
iv. Summary judgment is used for all types of claim.
v. The defendant has within 42 DAYS in Lagos and 21 DAYS in Abuja to
file his defence if he has any.
7. PRE-TRIAL ISSUES:
CASE MANAGEMENT/PRE-TRIAL CONFERENCE
i. The time to apply for Case Management Conference is within 14 DAYS of
close of pleadings; O. 27 Lagos Rule 2019.
ii. The duration of CMC in Lagos is 3 months
iii. Any of the parties who wish to reverse a decision of the court entered as a
result of failure to participate in the CMC has 7 DAYS to apply.

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 iv. Pre-trial Conference in Abuja is applied for within 7 DAYS of close of
pleadings; O. 27 Abuja Rules 2018.
v. The duration of the Pre-trial Conference in Abuja is 30 DAYS.
vi. Any of the parties who wish to reverse a decision of the court entered as a
result of failure to participate in the Pre-trial Conference has 7 DAYS to
apply.
SETTLEMENT OF ISSUES:
i. In Abuja, issues are settled within 14 days after close of pleadings; O.
33 R. 1 2018 Rules.
j. In Lagos, issues are settled as to facts only at the CMC within 7 days of
close of pleadings; O. 27 R. 1, 2019 Rules

INTEROGATORIES:

i. Interrogatories are to be delivered in writing within 7 days of close

pleadings in Lagos; O. 29 R. 1 Lagos Rule; the adverse party will reply
within 7 days too.
j. In Abuja, it is to be delivered within 2 clear days before hearing; O. 28
R 2, Abuja Rules 2018 and answered within 5 days.
8. FAST TRACK PROCEDURE:
i. In Lagos, the purpose of Fast track is to reduce trial to 9 MONTHS
from beginning till judgment; Order 59 Lagos Rules.
ii. In Abuja, duration of fast track from commencement to conclusion of
judgment is within 30 DAYS; Order 37 Abuja 2018 Rules.
iii. The monetary limit for an action to qualify for Fast Track is N100,
000,000. 00 (one Hundred Million Naira) in Lagos and 50, 000,000.00
(Fifty Million Naira) in Abuja.
9. CLOSING ADDRESS AND JUDGMENT3:
i. The last party to lead evidence or call witnesses will file his written
address first within 21 days
ii. The adverse party will file his own within 21 days of service of the
first parties written address

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 iii. The party who filed first will file reply on point of law within 7 days
of service of the adverse parties address; O. 33 Lagos Rule 2019, and
Abuja Rules 2018
iv. Judgment is to be delivered within 90 days from the date of the final
address; section 294 (1) CFRN
10.ENFORCEMENT OF JUDGMENT:
i. Time to enforce monetary judgment, is within 3 days from the date of
delivery of judgment and within 14 days for land judgments; O. 4 R. 2
of Judgment Enforcement Rules
ii. Goods seized in the process of execution of a writ of fi.fa cannot be
sold until after 5 days unless perishable BUT for landed or
immoveable properties within 15 days of seizure; section 29 SCPA
iii. Garnishee order nisi shall become absolute within 14 days unless the
garnishee shows cause. The Garnishee shall have within 8 days to do
so; section 83 SCPA
iv. A process of execution when obtained shall last for one year if
unexecuted. After the expiration of 2 years, leave of court is required
before a process of execution can be issued.
11.APPEALS:
i. Appeal from Magistrate court to High Court is within 30 days for final
judgments
ii. Appeal against interlocutory rulings within 14 days both from
Magistrate to HC and from HC to COA
iii. Appeal from High Court to Court of Appeal is 3 months for final
judgments
iv. Appeal form COA to SC is 3 months.
v. Appellants Brief is filled within 45 days of filing of Notice of Appeal
vi. Respondent’s Brief is filled within 30 days of receipt of the
appellant’s brief
vii. Appellant’s Reply shall be filled within 14 days of service of the
Respondent’s Reply; O. 18 Rule 2-4 of the Court of Appeal Rules.
viii. Appellant’s Brief at the Supreme Court within 10 WEEKS of filing
Notice of Appeal
ix. Respondent’s Brief within 8 WEEKS of service of the Appellant’s
brief
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 x. Appellant’s Reply within 4 WEEKS of service of Respondent’s Brief.
xi. Records of appeal to be compiled by the Registrar within 60 DAYS of
filing of Notice of Appeal. If he fails to do so, the Appellant will
compile it within 30 DAYS.
12.APPLICATIONS PENDING APPEAL4:
i. It includes stay of execution, stay of proceedings or injunction
pending appeal.
ii. It must be made to the trial court first by motion on notice supported
with an affidavit and written address.
iii. If refused by the trial court apply to the Court of Appeal WITHIN 15
DAYS by way of motion on notice supported with affidavit, CTC of
the ruling of the court refusing to grant the stay and CTC of the main
judgment or ruling of the court appealed against.
13.RECOVERY OF PREMISES:
LENGTH OF NOTICE TO QUIT
i. Yearly tenant is 6 months’ notice to quit to expire at any time in
Lagos but in Abuja it must expire at the eve of the anniversary
ii. Half-yearly Tenant is 3 months’ notice to quit
iii. Quarterly Tenants is 3 months’ notice to quit
iv. Monthly Tenant is 1 month notice to quit

COURTS WITH JURISDICTION

i.In Lagos if rental value is below 10 Million Naira, the

Magistrate Court will assume Jurisdiction; section 28
Magistrate Court Law of Lagos State. If it is above 10 Million
Naira, then it is High Court that will have jurisdiction.
ii. In Abuja, if the rental value is below 5 Million Naira, the
District Court will have jurisdiction but if above, the High
Court will have jurisdiction.
14.ELECTION PETITION:
i. Time to file the petition is within 21 DAYS after declaration of the
result; section 134 of the Electoral Act

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 ii. Time to enter appearance is within not less than 5 days but not more
than 7 days from the date of service of the petition.
iii. Time to file a reply by the Respondent is within 14 days of service of
the petition.
iv. Time to file reply on points of law by the Petitioner is within 5 days
of service of the Respondent’s Reply
v. Time to apply for Pre-hearing Session is within 7 days after service of
the reply on points of law
vi. Time to determine the petition is within 180 days from the date it was
filed; section 285(1) CFRN
vii. Time to appeal is within 21 days from the date judgment was
delivered
viii. Time to determine the Appeal is within 60 days from the date it was
filed.
ix. There is no extension of time within which to do anything in election
petition matters; Nwobodoh v Onoh
15.MATRIMONIAL CAUSES5:
i. Marriage must be celebrated within 3 months from the date of the
notice of marriage
ii. The marriage must be celebrated in a licensed place of worship by a
minister of that denomination, between the hours of 8am to 6pm.
iii. There must be presence of at least two witnesses
iv. A petition for dissolution of marriage that is less than two years
cannot be entertained without leave of court.
v. The order nisi shall become absolute at the expiration of 3 months
unless appealed against.
vi. A petitioner relying on adultery must bring the application within 3
years of commission of the adultery.
16.FUNDAMENTAL RIGHTS ENFORCEMENT
i. There is no time limit for bringing the application
ii. Leave of court is not required
iii. The Respondent has within 5 days to respond to the application

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 iv. The application is by Originating Motion, supported with an affidavit,
a statement setting out the name and address of the applicant, the
reliefs sought and the grounds for the relief; and a written address;
Order 2 Rule 3 of the FREP Rules 2009

QUICK APPROACH TO IMPORTANT PRINCIPLES, AUTHORITIES

AND RULES

1. JURISDICTION
a. Meaning and importance of jurisdiction; MADUKOLU N
NKEMDILIM
b. Effect/nullity of judgment delivered without jurisdiction; ANIH V NNA
c. Original Jurisdiction of the Supreme Court; section 232 CFRN as
amended
d. Original jurisdiction of the Court of Appeal; section 239 CFRN
e. Jurisdiction of Federal High Court; section 251 CFRN6:
i. Actions against Federal Govt. or its agency; Adegbite v Amosu;
NEPA v Adegbenro; NOTE if its simple contract, then it will
be SHC; ONUOHA v KRPC
ii. Actions between Banks in relation to policies and licenses; SGB V
DELLUCH
iii. Power of FHC to transfer a case to SHC; AMC LTD V NPA
2. PARTIES
a. Meaning of Proper parties; Green v Green
b. Effect of suing a non-juristic person; Fawehinmi v NBA

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3. COMMENCEMENT OF ACTION AT THE HIGH COURT
a. Venue of trial; Order 4 Rule 1 Lagos Rules, Order 3 Rule 1 Abuja
Rules
b. Modes of commencement of action: Writ of Summons; O. 5 Rule 1
Lagos, Order 2 Rule 1 Abuja; Doherty v Doherty; Originating
Summons (for non-contentious matters); DSS v AGBAKOBA; Shugaba
v Minister of Internal Affairs
c. Documents to accompany a writ of summons O. 2 R. 2(2) Abuja Rules;
O. 5 Rule 1(2) Lagos Rules
d. Service of Writ:
i. Importance of service; Ezomo v Oyakhire, Mark v Eke
ii. Service out of jurisdiction; section 97 & 99 SCPA; Adegoke
Motors Ltd. V Adesanya, Sken Consults Ltd. v. Ukey.
iii. Mode of service: personal service; O. 9 R. 2 Lagos, O. 7 R. 2
Abuja; substituted service; O. 7 R. 11(1) & (2) Abuja, O. 9 R.
5(1) & (2) Lagos
iv. Life span of a writ: O. 6 R. 6 Abuja; O. 8 R. 6 Lagos
4. PRETRIAL ISSUES
a. Case Management Conference; O. 27 Lagos Rules 2019
b. Pre-trial Conference; O. 27 Abuja Rules 2018
5. INTERLOCUTORY APPLICATIONS
a. Meaning of interlocutory applications; Ezegbu V FATB Ltd; Kotoye v
Saraki
b. Interlocutory injunctions; O. 43 R. 3 Abuja & Lagos Rules
c. Interim injunctions; O. 43 Rule 3(2) Abuja & Lagos
d. Conditions for grant of injunctions; Ayorinde v. A.G Oyo State; CBN v
Kotoye
e. Priority in hearing applications; NALSA & Team Associates v NNPC;
AIC Ltd. V AGF
6. SUMMARY JUDGMENT PROCEDURE
a. Summary Judgment; O. 11 Abuja; O. 13 Lagos
b. Undefended list; O. 35 Abuja Rules
c. Procedure for undefended list; Ahmed v Trade Bank of Nigeria Ltd.
7. TRIAL
a. Examination of witnesses; S. 214(1, 2 & 3) Evidence Act
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 b.Expert evidence; S. 68 E.A
c.Visit to locus in quo; S. 127 E.A
d.Hearsay Evidence; S. 37 & 38 E.A
e.Computer Generated evidence; S. 84 E.A, Kubor v Dickson; Silver v
Dickson
f. Subpoena; (compel a witness); Buhari v Yusuf; Famakinwa v Uni.
Ibadan
g. Leading questions; (not allowed in Exam-in-Chief) 221(1) & (2)
Evidence Act7
h. Refreshing of memory; s. (seek leave of court to allow the witness
refresh his memory); section 239 E. A
i. Hostile witness; (apply to the court to declare the witness a hostile
witness); S. 230 Evidence Act
8. JUDGMENT
a. Essentials of a valid judgment; Adeyeye v Ajiboye; Ifezua v Mbadugha
b. Time to deliver judgment, 90 days after final address; s. 294(1) CFRN
c. Date for delivery of judgment; Veritas v Citi-Trust Investment Ltd.
d. Delivery of judgment by another judgment; AGF v ANPP
e. Courts of final appellate jurisdiction can deliver judgment and give
reasons later; AIGORO v UNILAG; ANPP v GONI
9. ENFORCEMENT OF JUDGMENTS
a. Writ of fi.fa (attachment of moveable properties); section 25 of Sheriffs
and Civil Processes Act
b. Attachment of Immoveable properties; section 44 SCPA
c. Garnishee Proceedings: (to attach money in a bank); section 83 and 84
SCPA
d. The Judgment debtor is not a party to be heard; Purification Technique
v A.G Lagos
e. The order nisi when granted must be served on the Judgment debtor;
NITEL v ICC; NIMASA v ODEY
10.APPLICATIONS PENDING APPEAL

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 a. Court where it is filed is the trial court except there is special
circumstance preventing the applicant from filing it at the trial court;
Mobil Oil Ltd. V Agindigbi
b. Applicant must have appealed against the judgment before bringing the
application; INTER-CONTRACTORS LTD. V UAC
c. Factors the court will consider in granting stay of execution; Martins v
Nicanna Foods Co. Ltd.
d. Orders to use in bringing the motion; O. 61 R.1 Abuja and O. 58 R. 1
Abuja
11.APPEALS:
a. Parties to an appeal; a person interested can appeal with leave of court;
Fawehinmi v UBA; Maja v Johnson
b. Appeal as of right and appeal with leave; section 241(1) & (2) CFRN
c. Only the Appellate that can grant extension of time: Akpan v Ekpo
12.RECOVERY OF PREMISES
a. Conditions/procedure for recovery of premises; Coker v. Adetayo
b. Length of notice to quit; it must be complete otherwise it will be invalid;
Oluoma v Nnadozie; Oyekoya v G.B Ollivant
c. Nature of tenancy where not expressly stated is determined from how and
when rent8 is paid; Section 13(6) Tenancy Law, Lagos; Olaoye v
Mandilas
d. Service of notice to quit may be pasted at the premises without leave of
court; Chiwete v Amissah
13.ELECTION PETITION
a. Court/tribunal with jurisdiction; Presidential Election (Court of Appeal s.
239 CFRN); Governorship Election (Governorship Election Tribunal, s.
285(2) CFRN) and National and State Houses of Assembly
Election(National and State Houses of Assembly Election Tribunal, s.
285(1) CFRN)
b. Time to file the petition (21 days after the declaration of the result)
section 134 Electoral Act; 285(5) CFRN
c. No extension of time within which to file the petition; Falae v
Obasanjo; Marwa v Nyako
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 d. Grounds of challenging the Election; section 138 Electoral Act; PPA v
Saraki
e. Parties to the Election petition; 137 Electoral Act
f. Time to deliver Judgment; (180 days from the date of filing); section
285(6); Ugba v Suswam;
g. Judgment delivered outside the 180 period is a nullity; ANPP v Goni,
Nwobodo v Onoh
h. Delivery of judgment and giving reasons later; section 285(8) CFRN,
Amaechi v INEC, Aigoro v UNILAG (only courts whose decision is
final can do so)
14.MATRIMONIAL CAUSES
a. Jurisdiction: High court of any state; section 2 Matrimonial Causes Act;
Bhojwani v Bhojwani
b. Grounds for dissolution of marriage (the marriage has broken down
irretrievably); section 15(1) MCA; Harriman v Harriman
c. Factors that can show that the marriage has broken down; section 15(2)
MCA
d. Adultery can be proved with circumstantial evidence; Akinyemi v
Akinyemi
e. Incompatible behavior; Oladetohun v Oladetohun
f. Nullity of voidable marriage (where the wife is pregnant for another man or
any of the parties contracts a venereal disease); section 35 & 36
Matrimonial Causes Act
15.FUNDAMENTAL RIGHTS ENFORCEMENT
a. Jurisdiction; (SHC or FHC); Grace Jack v Uni. of Markudi, Tukur v
Gov. of Gongola
b. Once the F.G or any of its agencies is involved in the breach, it is
preferable to file the action before the FHC; Adegbite & Anor v Amosu
c. Modes of commencing the action (originating Motion is preferrable);
Saude v Abdullahi
d. Procedure/documents to be filed; Order II Rule 3 & 5 of the FREP
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 e. Bringing fundamental rights action against an individual; Abdulhamid v
Inkar; Uzochukwu v Ezeonu
f. Only rights provided in chapter 4 of the constitution can be brought under
FREP; Grace Jack v Uni. of Markudi

IMPORTANT PROVISIONS ON DAYS, WEEKS, MONTHS AND YEAR IN

CORPORATE LAW10

A. YEARS:
1. Time within which to apply for restoration of company’s name struck out by
CAC is 20 YEARS; section 525(6) CAMA
2. Time for redemption/repayment of government bond is not more than 25
Years section 226(2) ISA
B. MONTHS:
1. Time to hold first Annual General Meeting (AGM) of a company is
WITHIN 18 MONTHS after incorporation; section 213 of CAMA

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2. Time to hold subsequent AGM is WITHIN 15 MONTHS after the last
AGM; section 213(2) CAMA
3. Time to hold statutory meeting by public companies is WITHIN 6
MONTHS of incorporation; section 211(1) of CAMA
4. Time to hold first Board Meeting of every company is WITHIN 6
MONTHS after incorporation; section 263 CAMA
5. Time to apply to CAC for compulsory change of company name which is
conflicting existing name is WITHIN 6 MONTHS of incorporation;
section 31(1) CAMA
6. Upon increase in share capital, the time the company has to issue 25% of the
increased shares is WITHIN 6 MONTHS of the increase; section 103
CAMA
7. During voluntary winding up, a company is deemed dissolved WITHIN 3
MONTHS after filing of the final report of winding up with CAC; section
468(4) CAMA
8. CAC may extend the time for holding subsequent AGM of the company to a
period not EXCEEDING 3 MONTHS from the due date the meeting ought
to be held; section 213(1)(b) CAMA
9. If a member of the company transfers his shares to another person, the
company shall issue a new Share Certificate to the person WITHIN 3
MONTHS; section 146 CAMA
10.A company after allotment of shares must issue share certificate to the
allotees WITHIN 2 MONTHS of the allotment; section 124, 125 CAMA
11.Time to file return of allotment of shares is WITHIN 1 MONTH after the
allotment; section 129(1)&(2) CAMA
C. DAYS:
1. Time to register charges and discharge of charges with CAC is WITHIN 90
DAYS of creation or discharge of the charge; section 197 CAMA
2. Every proceedings before the IST must be determined WITHIN 90 DAYS
3. Length of time for CAC to reserve approved name upon a successful
availability search is 6o DAYS; section 32 CAMA

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 4. Debenture Stock Certificate must be delivered by the company to a
debenture holder11 WITHIN 6O DAYS of creation of the charges; section
167 CAMA
5. During allotment of shares, the company must notify applicants of the
allotment WITHIN 42 DAYS of the application; section 124 and 125
CAMA
6. Annual Returns is to be filed to CAC WITHIN 42 DAYS after the Annual
General Meeting; section 374 CAMA
7. An application to Federal High Court to cancel alteration of the object clause
must be brought WITHIN 28 DAYS of passing of the resolution; section 46
CAMA
8. An application to Federal High Court to cancel the resolution for conversion
of a public company to a private company must be brought WITHIN 28
DAYS of passing of the resolution; section 53 CAMA
9. The length of all special notice to be given to a company is 28 DAYS
10.Time to register a business name is WITHIN 28 DAYS after
commencement of business; section 574(1) CAMA
11.The name of every member of the company must be entered into the register
of members WITHIN 28 DAYS of the person becoming a member of the
company; section 84 of CAMA
12.The length of Notice of every meeting a company EXCEPT Board meeting
is 21 DAYS; section 217(1) CAMA
13.All special resolutions must be filled to CAC WITHIN 15 DAYS of
passing of the resolution; section 46, 31, 102, 106 etc. CAMA
14.The length of Notice of Board Meeting of a company is 21 DAYS;
section 266(2) CAMA
15.Time to give notice to CAC of acquisition of substantial shares (10%) of a
company is 14 DAYS; section 97 CAMA
16.Notice of appointment and removal of company director, secretary and
auditor to CAC are all WITHIN 14 DAYS; section 262, 296, and 358
CAMA

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 17.Time to notify CAC of appointment of a liquidator during voluntary winding
up is 14 DAYS
18.Time to file CTC of court order sanctioning merger is 7 DAYS
D. WEEKS:
19.An order by CAC for compulsory change of name must be obeyed WITHIN
6 WEEKS from the date of the order; section 31 CAMA
20.Statutory declaration of solvency during voluntary winding up must be made
WITHIN 5 WEEKS preceding the date of the special resolution for
winding up; section 462 CAMA
E. HOUR AND MINUTE
21.During a general meeting of a company, if the chairman is late for 1 HOUR,
the members of the company may appoint another person to act as the
chairman
22.If it is Board meeting and the Chairman is late for 5 MINUTES, the
members present will appoint another person to act in his place; section
263(6) CAMA

RELEVANT SECTIONS AND CASES IN CORPORATE LAW12

A. CORPORATE GOVERNANCE
1. DIRECTORS
i. Appointment of first directors by the subscribers; 247 CAMA;
appointment of additional directors by the members in a general meeting,
248 CAMA and appointment of casual vacancy directors by the Board of
directors, 249 CAMA
ii. Qualification of Directors; (a minor CANNOT be a director) 257 CAMA
iii. Procedure for removal of directors; section 252 CAMA; Longe v First
Bank
iv. Rule of retirement of directors by rotation; section 259 CAMA
v. Appointment of director above 70yrs for Public companies; 252 CAMA
2. SECRETARIES
i. Every company must have a secretary; section 293 CAMA
ii. Dual position of a secretary; 294 CAMA
iii. Qualification for appointment as secretary for PLC; section 295 CAMA
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 iv. Appointment and removal of secretary by the Board; section 296 CAMA
v. Duties of secretaries; section 298 CAMA
3. MEETINGS:
i. Statutory meetings for public companies only; 211 CAMA
ii. Annual General Meeting for all Companies; 213 CAMA
iii. Extra-ordinary General Meeting; section 215 CAMA
iv. Quorum of meeting; 232 CAMA
v. Notice of meeting; 217 CAMA
vi. Persons that can receive notice of meeting; 219 CAMA
vii. Ordinary and Special businesses of the AGM, 214 CAMA
4. AUDITORS, FINANCIAL STATEMENT AND ANNUAL RETURNS
i. Appointment of first auditors by the BOD; 357(5) CAMA; for
subsequent of auditors to be appointed by the general meeting; 357(1)
CAMA
ii. Qualification of an auditor 358 CAMA
iii. Removal of an auditor 362 CAMA
iv. Contents of financial statement; 334 CAMA
v. Effect of failure to file Annual returns; section 378 CAMA
5. MINORITY PROTECTION
i. Members direct action; s. 301 and 302 CAMA
ii. Derivative Action; s. 303 CAMA13
iii. Grounds for bringing a minority action; section 300 CAMA
B. POST INCORPORATION MATTERS
1. PUBLICATION OF NAME
i. Publication of name in the name plate, Common seal and all
official documents; section 548(1)(a-c) CAMA
ii. Penalty for failure; section 548(2) CAMA
2. KEEPING OF STATUTORY BOOKS
i. Register of members; 83 and 84 CAMA
ii. Index of members; 85 CAMA
iii. Register of Directors and Secretaries; 292 CAMA
iv. Register of Charges; 191 CAMA
v. Register of debenture holders; 193 CAMA
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 vi. Minutes Book; 241 & 242 CAMA
vii. Accounting Records; 331
viii. Register of Substantial interest in shares; section 95 & 97 CAMA
ix. Register of directors Shareholding; section 275 CAMA
3. ALTERATION AND CONVERSION/RE-REGISTRATION OF
COMPANIES
i. Procedure for change of name; section 31 CAMA
ii. Procedure change of object; 46 CAMA
iii. Procedure for increase in Share capital section 102 & 103 CAMA
iv. Procedure for reduction of share Capital, 106 & 108 CAMA
v. Procedure for reregistration from Private to Public company; 50
CAMA
vi. Procedure for reregistration from PLC to LTD; 53 CAMA
C. FOREIGN PARTICIPATION
1. Foreign companies must be registered with CAC; 54(1) CAMA
2. Qualification for exemption; 56(1) CAMA
3. Documents required to apply for exemption; 56(2) CAMA
D. COMPANY SECURITIES
1. SHARES
i. Share premium account; 120(1-3) CAMA
ii. Allotment of shares; 125 CAMA
iii. Transfer of shares; 151 CAMA
iv. Transmission of shares; 155 CAMA
2. CHARGES
i. Registration of charges; 197 CAMA
ii. Debentures; 166 and 167 CAMA
E. CORPORATE RESTRUCTURING
1. INTERNAL OPTIONS14
i. Arrangement and Compromise; 539 & 540 CAMA
ii. Arrangement on Sale; 538 CAMA
2. EXTERNAL OPTIONS
i. Merger; section 96 to 98 Federal Competition and Consumers
Protection Commission Act (FCCPC Act)
14
PREPARED BY OGAZI KELVIN C. FACILITATOR: SUCCESS ASSURED LINKS; 07064599331;
09050548487, [email protected]

17
 ii. Take over; 130 Investment and Securities Act
iii. Shares of private company cannot be taken over; 133 CAMA
F. WINDING UP OF COMPANIES
1. VOLUNTARY WINDING UP
i. Grounds for voluntary winding up; 457 and 458 CAMA
ii. Voluntary winding up is deemed commenced on the day the
Special was passed; 459 CAMA
2. COMPULSORY WINDING UP
i. Grounds for compulsory winding up; 408(a-e) CAMA
ii. Who can petition for compulsory winding up; 410 CAMA
iii. It is deemed commenced on date of filing the petition; 415 CAMA
G. INCORPORATED TRUSTEES
1. Qualification of trustees; 592 CAMA
2. Number of trustees (at least one); 590 CAMA
3. Grounds for Dissolution of I.T; 608 (2) CAMA
4. Persons that can petition for the dissolution; 608 (2) CAMA

QUICK FACTS, PRINCIPLES AND AUTHORITIES IN CRIMINAL

LITIGATION

1. VENUE OF CRIMINAL TRIAL

a. The venue of criminal trial is the place or jurisdiction where the offence
was committed; Abiola v FRN, Njovens v State; Ilori v State
b. Criminal proceedings conducted on public holidays is valid if the parties
consents to it; Ososanmi v C.O.P
2. JUVENILE COURT
a. Has jurisdiction over persons below 18 years (17yrs to 7 yrs.); Oladimeji
v State, Guobadia v State

b. Section 8(2) of the CYPL provides that where a child or young person is
charged with an offence which is punishable by the death (e.g. murder),
his trial shall be by a regular court; State v Nwabueze
c. Section 6(2) of the CYPL also provides that where a juvenile is jointly
charged with an adult, the trial shall be by a regular court; Guobadia V
State; Modupe v State

18
3. COURT MARTIAL
a. Court Martial only has jurisdiction over persons who are subject to
service law; Sec 130 of the Armed Forces Act (AFA)
b. Retired military personnel can only be tried by a Court martial for any
offence within 3 months of the retirement; Sec 169(2) AFA; Nigerian
Air Force V. Obiosa

c. The President and members of the Court Martial must not be below the
rank of the officer to be tried; Okoro v. Nigerian Army Council;
Section 133 AFA
d. A judge Advocate must be a legal practitioner of at least 3 years post call
and must also be subject to service law.
e. A person tried by the court martial for a civil offence like rape can be
tried again by the regular courts.
f. Appeal from the Court martial lies directly to the Court of Appeal;
Nigeria Air Force V. Shekete
4. SEARCH AND ARREST
A. SEARCHES:
i. Search of premises requires a search warrant; section 144 ACJA
ii. Persons that can issues a search warrant; (s. 146(1) ACJA, 104
ACJL)
iii. A senior police officer can issue a search warrant; s. 28 Police Act
iv. Search o premises occupied by a woman in purdah; 79 CPCL;
149(6) ACJA
v. Search of persons to be done by persons of the same sex; s. 9
ACJA, 5(2) ACJL
vi. Time for execution of search warrant; 5am to 8pm (Lagos and
other jurisdictions, s. 108(1) ACJL, s. 111 CPL). In Abuja it can
be executed anytime (even midnight, 148 ACJA)
vii. Irregularly obtained evidence is admissible based on the relevance
and at the discretion of the court; Musa Sadua v State; s. 14
Evidence Act
B. ARREST
i. Persons that issue a warrant of arrest; s. 23 ACJL, 36(1) ACJA,
22 CPL. (A Magistrate can issue warrant even for an offence it
lacks jurisdiction).
19
 ii. It can only be used once to arrest; R v Akinyanju
iii. No arrest in lieu (A cannot be arrested in lieu of B); 4 ACJL, 7
ACJA
iv. Warrant must be issued to a named officer or to all Police officers;
s. 25 ACJL, 39 ACJA
v. Private person can arrest without warrant; s. 20 ACJA; John
Lewis v TIMS
vi. NO police officer can issue a warrant of arrest.
vii. Execution of warrant out of jurisdiction; Apampa v COP
(endorsement is required)
viii. The person to be arrested need not be unnecessarily restrained; s. 1
ACJL, 4 ACJA, Sadiq v State
ix. Warrant of arrest cannot be executed in a Court room while on
session, s. 27(2) ACJL, 43 ACJA and in a Legislative house or
within its precincts, s. 23 Legislative Houses (Power and
Privileges) Act, 2017
x. Manner of arrest will not affect the jurisdiction of the court; State
v Osler; R v Kuruma, Okotie v State
5. PRETRIAL ISSUES
A. JUDGES RULE
i. It is mere administration procedure; R v Voisin;
ii. Failure to observe it will not vitiate the admissibility of a voluntary
statement or confession; Ejinma v State; Nwaebonyi V State
B. ALIBI
i. It means elsewhere other than the scene of crime; Ayan v State
ii. It must be raised timeously; Ndidi v State, Yanor v State
iii. Particulars of the alibi must be supplied, Ozaki v State, Azeez v
State, Ntam v State
iv. Prosecution has the duty to investigate; Azeez v State
v. It is a complete defence and can result to acquittal of the accused;
Yanor v State; Omotola & ors V State
C. IDENTIFICATION PARADE
i. Only necessary where the suspect’s identity is in doubt; Bozin v
State
ii. Should be conducted at the police station.
20
 iii. Suspect should be placed with 8 persons (or 12 persons if it is 2
suspects)
D. CONFESSION (PLEASE PAY ADEQUATE ATTENTION TO
THIS)
i. It is admissible against the maker alone; Olabode v State, 29(4)
Evidence Act (E.A)
ii. It is still admissible even if it was retracted or denied; Adamu v
State
iii. If challenged on the ground of involuntariness, trial within trial
must be conducted; Mohammed v State, 29(2) E.A; State;
Gbadamosi v State
iv. It can be relied on alone to convict an accused, Adamu v State
v. It is still admissible if obtained under promise of secrecy of deceit;
s. 30 E.A
vi. If it was given in any language other than English (i.e. the accused
do not understand English), the interpreted must be called as a
witness and both original copy of the statement and its
interpretation tendered; Olanipekun v State
6. INSTITUTION OF CRIMINAL PROCEEDINGS
A. POWER OF POLICE TO INSTITUTE CRIMINAL PROCEEDINGS
i. Police officers has the competence to prosecute offenders in
Nigeria; s. 4 Police Act
ii. Police officers can prosecute before any court in Nigeria, even
before the Supreme Court; Osahon v FRN
B. ATTORNEY GENERAL
i. The A.G has the power to institute, takeover and to discontinue
criminal proceedings against anybody; s. 174 and 211 CFRN
ii. The A.G’s power is absolute and cannot be challenged; Amaefule
v State; Ilori v State
iii. Only A.G can enter oral nolle; State v Chukwurah
iv. Nolle cannot be entered if there is no sitting A.G; A.G Kaduna v
Hassan
v. The A.G need not give reasons for entering nolle; Obasi v State,
Ilori v State

21
 vi. Effect of nolle is a mere discharge and not an acquittal, the person
can be tried again; Clarke v A.G Lagos State, Ilori v State
C. MODES OF INSTITUTION OF CRIMINAL PROCEEDINGS
i. Failure to obtain leave of the court to prefer a charge in the North,
will nullify the trial; Bature v State
ii. Failure to obtain consent to file information in the south will
nullify the trial; AGF v Dr. Clement Isong
iii. Consent is not required in Lagos, FCT and FHC
7. CHARGES
A. RULES OF DRAFTING CHARGES
i. Rule against ambiguity (no exception); Ogbomor v State, Okeke
v IGP; 194 ACJA
ii. Rule against duplicity (one offence in one count); Okeke v Police;
197 ACJA; 152 ACJL
iii. Exceptions of general deficiency of money; R v Aniemeka, R v
Nwankwo
iv. Rule against Misjoinder of offences; 152 ACJL, 209 ACJA
v. Exception of offences committed in the same transaction; State v
Adamu, Onubaka v R
vi. Rule against misjoinder of offenders; 151 ACJL; 208 ACJA
vii. Exception of persons who jointly committed the offence; Okojie v
COP; Haruna & Ors. V State
viii. Failure to observe the rules will not vitiate the trial unless there
was miscarriage of justice; State v Qwonto, Ogunjobi v State,
Okeke v Police, Ogbomor v State
B. DEFECTIVE CHARGE
i. Objection to a defective should be raised before taking plea; Uket
v FRN; Olatunji v State
ii. A defective charge can be amended by the prosecution at any time
before judgment; 216 ACJA; Uguru v State; Duru v COP
iii. Post amendment procedure:
a. Read the amended charge for accused to take a fresh plea
b. Endorsement on the charge by the court
c. Adjournment to the accused if requested

22
 d. Calling or recalling of witnesses by the accused or the
prosecution; Youngman v COP; Okosun v State; Alao V
COP, Gokpa v IGP
iv. Conditions for grant of the amendment; R v Jinadu (defect must
be curable), State v Chief Magistrate Abo-Mbaise; Elumelu v
COP (must relate to the earlier charge)
8. BAIL PENDING TRIAL
A. Conditions For Granting Bail; Fawehinmi v. State; Bamaiyi v State;
Dantata v IGP, Danbaba v State
B. In the south, if Magistrate court refuse bail, apply to the High Court for bail
by summons; Simidele v. COP
C. In the North, if Magistrate court refuse bail, apply to the High Court for bail
by summons or motion; Achadu v State
D. Application for bail can be made orally; Abiola v FRN
E. If High Court refuse to grant bail, appeal to the COA; State v Uwa; Kanu v
FRN

9. CONSTITUTIONAL SAFEGUARDS
A. Right To Interpreter; S. 36(6) (e) CFRN
i. The interpreter must be fluent in the language; Ajayi v Zaria N.A
ii. He must interpret word by word and not summarily; Bakari v. Zaria
Native Authority.
iii. It is the duty of the accused to inform the court that he does not
understand English; State v Qwonto
iv. If the accused understand pidgin English, there will be no need for an
interpreter; Olanipekun v State
B. Right not to be tried twice for the same offence; s. 36(9) CFRN, R v
Jinadu, Nafiu Rabiu v State
C. Right to cross examine prosecution witnesses; Tulu v Bauchi N.A; section
36(6)(d) CFRN
D. Right to counsel; 36(6)(c) CFRN, Uzodinma v COP; Udo v State, Josiah v
State (it is compulsory in capital offences)
E. Right to adequate time and facility, s. 36(6)(b) CFRN; Udo v State, Yanor
State (the court should grant adjournment)

23
10.ATTENDANCE OF PARTIES AND ARRAIGNMENT

There is no trial in absentia i.e. the accused must be present; Adeoye v State

ARRAIGNMENT

i. Procedure for a valid arraignment; 211 ACJL; S.271 (2) ACJA,

Fawehinmi v IGP, Kajubo v State, Ogunye v State, Rossek v IGP
ii. Failure to observe the procedure for a valid arraignment; EDU v COP,
Akpan v State

TAKING OF PLEA

i. It must be taken personally by the accused or each of the accused, R v

Pepple, Adamu v State
ii. Plea of guilty with reasons amounts to a plea of not guilty; Onuoha v.
State
iii. Plea of guilty to a capital offence (court will record Not Guilty), Josiah v
State, Udofia v State, Olabode v State
iv. If the accused remain silent or stand mute, the court will investigate;
Yesufu v State, Gaji v State, R v Ogor
v. Plea of not guilty by reason of insanity; Karimu v State; Adams v DPP
11.TRIAL AND EVIDENCE
A. CORROBORATION
i. Generally, no number of witness is required by the prosecution; s.
200 Evidence Act, Solola v State
ii. Unsworn evidence of a child below 14 years requires
corroboration, s. 209(3) E.A
iii. Burden of prove is on the prosecution; 135(3) E.A; Mbele v State
iv. Standard of prove is beyond reasonable doubt; Bakare v State,
Abdulahi v State
B. DOCUMENTARY EVIDENCE
i. Computer generated evidence; section 84 E.A, Kubor v Dickson,
Silver v Dickson
ii. Admissibility of CTC of public document; 104 and 90 E.A
C. EXAMINATION OF WITNESSES

24
 i. Examination in chief; cross examination and re-examination;
214(1)(2) &(3) Evidence Act
ii. Opinion evidence is not admissible except for an Expert; S. 67 &
68 E.A
iii. Visit to locus in quo; S. 127 E.A
1. The court may adjourn to the locus and continue the
proceedings there; S. 127(2) (a) E.A; COP v Olaopa
2. The may adjourn to the locus, observe it and reconvene in court
to take evidence of what transpired; S. 127(2) (b) E.A; R v.
Dogbe, Aremu v AG Western Nigeria
3. All the accused persons must be present during the visit to the
locus; Adunfe v IGP, R v Dogbe
iv. Hearsay Evidence is not admissible; S. 37 & 38 E.A
v. Subpoena; (compel a witness); Buhari v Yusuf; Famakinwa v
Uni. Ibadan
vi. Leading questions; (not allowed in Exam-in-Chief) 221(1) & (2)
EA
vii. Refreshing of memory; (seek leave of court to allow the witness
refresh his memory); section 239 E. A
viii. Hostile witness; (apply to the court to declare the witness a hostile
witness); S. 230 E.A; Esan v State
12.OPENING OF CASE FOR THE DEFENCE
A. Options available to the accused upon close of the prosecution’s case:
i. No case submission; Ekwunugo v FRN, Bankole v FRN
a. Ruling on a no case submission, Odofin-Bello v State
b. Purpose and effect, Emedo v State, Ossai v COP
ii. Resting his case on that of the prosecution; Akpan v State,
Babalola v State
iii. Open/enter upon his defence; S. 240 ACJL, s. 358 ACJA, Akpan
v State, Edet v State, Saka v State
B. Final Address:
i. The accused will address the court first; Ndu v State, R v
Cobolah
ii. Prosecution’s reply; (its automatic if he is a law officer); Awobutu
v State, Osahon v FRN
25
 iii. If the prosecution is not a law officer he will only reply if the
defence called witnesses not just to his character; Achaji v COP,
Sanusi v State
13.JUDGMENT AND SENTENCING
A. Essentials of a valid judgment; section 294(1) CFRN, Unakalamba v
COP, Aigbe v. State; Otti v. I.G.P; Willie John v. State, Aigbe v State
B. Order of a valid judgment; conviction, allocutus & sentence; R v Ekpo,
Adamu v State
C. Conviction for a lesser offence not expressly charged; Nwachukwu v
State, Uguru v State; Babalola v State
D. Sentencing; Asamkpiti v State (accused must be present)
i. Death sentence, Gano v State
ii. Exception to death sentence; (pregnant woman), S. 306(2)
ACJL, 404 ACJA
14.APPEALS
A. Only the prosecution and the accused can appeal; Adio v State, 243(a)
CFRN
B. Signing of Notice of Appeal; Order 17 Rule 4 of COA Rules 2016
C. Abatement of appeal; R v Rowe
D. Stay of execution; Bello v A.G Oyo State
E. Time to file brief of arguments;
i. Appellants brief, 45 days
ii. Respondent’s brief, 30 days
iii. Appellant’s reply, 14 days

QUICK FACTS AND CASES IN PROPERTY LAW

1. DEED

26
 A. Features:
i. Must be in writing, signed, sealed and delivered; Faro Bottling
CO. LTD v. Osuji
ii. Date is not too essential as an undated deed is still valid; Anuku v
Standard Bank
iii. Importance of recital; section 162 Evidence Act
2. POWER OF ATTORNEY
i. It must be by deed if the donee will execute a deed; Abina v
Farhat, Powell v London and Provincial Bank; Ude v Nwara
ii. It must be given to a juristic person; National Bank of Nigeria v
Korban Brothers
iii. It is merely an instrument of transfer; Chime v Chime, Ude v
Nwara
iv. If it relates to property outside the country, it should be executed
before a Notary Public; Melwani v Five Star Industries Ltd; 118
E.A, Ayiwoh v Akorede
v. If it is created by deed, it must be revoked by deed; Ezeigwe v
Awudu
3. SALE OF LAND
i. Oral contract of sale of land; Adedeji v Oloso
ii. Open contract; Edosa v Zaccala, Jodi v Salami, Kachala v Banki
iii. Formal contract; Domb v Isoz (binding upon exchange)
iv. Possession before completion, Odutola v Papersack Nig. Ltd.
v. Root of title; Ogunleye v Oni (C of O is not a good root); Akinduro
v Alaya
vi. One solicitor acting for both parties; Smith v Mansi
4. LEASE
i. Essentials of a valid lease; UBA v Tejumola & Sons Ltd., Bosah v.
Oji, Osho v FFC & Anor; International Textiles Ind. Nig. Ltd v.
Aderemi
ii. Rent review clause; Olaniyan v Shokunbi
iii. Covenant against assignment; Alakija v John Halt Ltd.
5. MORTGAGE
i. Meaning of mortgage; Olowu v Miller Bros Ltd.

27
 ii. Creation of equitable mortgage; Yaro v Arewa Construction Ltd.,
Walsh v Lonsdale, Ogundiani v Araba
iii. Creation of Legal Mortgage in C.A states, S. 26 Conveyancing Act
iv. Creation of legal mortgage under PCL, s. 109, 110 Property and
Conveyancing Law
v. Creation of legal mortgage under MPL (Lagos), section 15 & 16
Mortgage and Property Law.
vi. Governor’s consent in mortgage; s. 22 Land Use Act; Savannah
Bank v Ajilo, Awojugbagbe Light Industries v Chinukwe
vii. Upstamping of mortgage; Owoniboys Tech Services Ltd. v Union
Bank of Nigeria
viii. Power of sale, s. 19 & 20 C.A and 123 & 125 PCL, CCB Ltd. v
Okonwko, Mumuni v NHDS, BON v Akintoye, ACB v Ihekwoba,
Wema Bank PLC v Abiodun
6. WILLS
A. Testamentary Capacity:
i. Age; 21 years s. 7 Wills Act; 18 years s. 3 Wills Law Lagos
ii. Sound disposing mind; Banks v Goodfellow; Okelola v Boyle
B. Vitiating Elements
i. Insane delusion; Banks v Good fellow
ii. Undue influence, Johnson v Maja, Hall v Hall, Moneypenny v
Brown
iii. Suspicious Circumstance; Thomas v Jones, Okelola v Boyle,
Wintle v Nye
C. Execution and attestation; s. 9 Wills Act, S. 7 Wills Law Lagos
D. Exceptions to lapse of gift; s. 164 E.A (presumption of death), s. 24
Wills Law and 23 Wills Act (beneficiary has an heir).
E. Revocation of Will:
i. (express revocation; Parker v Parker)
ii. (revocation by destruction must be complete destruction, Perkes v
Perkes; Cheese v Lovejoy)
iii. Implied revocation by subsequent marriage; Jadesinmi v Okotie-
Eboh
F. Limitation to testamentary capacity: general rule; Adetubosun v
Yunusa
28
 i. Islamic Law Restriction; Ajibaiye v Ajibaiye
ii. Customary law restriction, Idehen v Idehen
7. PROBATE PRACTICE AND PERSONAL REPRESENTATIVES
A. Grant of probate
i. Probate will not be granted when there is probate action; Dan-
Jumbo v Dan-Jumbo
ii. Priority in applying for letters of Administration; Obusez v
Obusez; s. 49 Administration of Estate Law of Lagos
iii. Features of an assent; Renner v Renner

QUICK POINTS ON PROFESSIONAL ETHICS

1. OVERVIEW OF THE RULES OF PROFESSIONAL CONDUCT

29
 A. Duty of counsel to his client: Rule 14 to 25
B. Duty of counsel to his colleagues; Rule 26 to 29
C. Duty of counsel to the court Rule 30 to 38
D. Advertisement and soliciting, Signs and notices; Rule 39 to 41
E. Charging of fees Rule 50 (contingency fee)-52 (Factors to guide charging
of fees)
2. DISCIPLINE OF LEGAL PRACTITIONERS
A. Jurisdiction of LPDC; s. 3(1) LPA
B. Four offences that may be disciplined by the LPDC; section 12 LPA,
Re-A.C Abuah, NBA v Koku
C. Four punishments that may be given; Re Abuah, NBA v Iteogu, Okike
v LPDC
D. Appeal from LPDC goes to Supreme Court within 28 days; NBA v
Iteogu
3. LAW OFFICE MANAGEMENT
A. Notification of NBA of establishment of law office within 30 Days; R.
13 RPC
B. Prohibition of partnership with a non-lawyer; Rule 5 RPC
C. Prohibition of sharing of professional fees; R. 3 and R. 53 RPC
D. Prohibition of engagement in business or practice of other professions; R.
7 RPC
4. DISCIPLINE OF JUDICIAL OFFICERS
A. NJC must recommend to the president or governor for the removal, Elelu
Habeeb v AGF & ors.
5. GENERAL PRINCIPLES
A. Documents marked ‘without prejudice’ are not admissible against the
maker; Ashibuogu v A.G Bendel State; S. 196 Evidence Act
B. Document marked ‘subject to contract’ is not binding until a contract is
agreed upon; UBA v Tejumola & Sons Ltd.
C. Order of precedence in court; S. 5(a) of the LPA (1st Schedule to the
Act)
6. RECOVERY OF PROFESSIONAL FEES
A. Serve bill of charges, wait for 1 month and then institute an action at the
High court; FBN V. Ndoma-Egba and Oyekanmi v. NEPA; S.16(2)(a)
and 17 LPA
30
 B. If the client is not happy with the bill of charges, he will apply to the
court for Taxation of the Bill within 1 month; S. 19 LPA
7. CONTEMPT OF COURT
A. Criminal contempt in facie curiae; Agbachom v State, Atake v AGF
B. Civil contempt (willful disobedience of court order); Afe Babalola v
FEDECO
C. Punishment for contempt; (Civil contempt is 6 months imprisonment
Afebabalola v FEDECO; criminal contempt is 3 months S. 133 CC)

31