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A REVISIT ON THE TIME FRAME WITHIN WHICH THE PROSECUTION CAN APPEAL AGAINST A CONVICTION AND SENTENCE OF DEATH AND OTHER CAPITAL OFFENCES

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The prosecution now as against previous position of the law can appeal against a conviction and sentence of death or any capital offence within thirty days from the date the judgment is delivered and not within seven days which was the position of the law. In our previous review of the case of State Ali v. (2020) 18 NWLR (Pt. 1755) 69 the court of appeal held that the prosecution has seven days to appeal, as the Judicial etc. Officers and Appeal by Prosecutors Act of 1963 is an existing law and binding on them, also the existence of a Supreme Court decision and they lacked the power to declare it per incuriam, now in this instant case, which is recent the Supreme overruled itself and held that the Act is not an extant law and as such, it is now 27(2)(b) and of the Supreme Court Act Cap. that regulates the time within which the prosecution can appeal in a sentence of death or any capital offence. The law has been before now that where the prosecution wishes to appeal agains...
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EYE WITNESS: WHETHER A CHILD SERVES AS A COMPETENT WITNESS

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A child is a competent witness to testify, unless the court considers that he is prevented from understanding the questions put to him or the court considers that he is prevented from giving rational answers to questions put to him.
 By Sections 175(1) and 209(1) of the Evidence Act, 2011, a child is a competent witness to testify, unless the court considers that he is prevented from understanding the questions put to him or from giving rational answers to questions. In any proceedings in which a child who has not attained the age of fourteen years is tendered as a witness, such child shall not be sworn and shall give evidence otherwise than on oath or affirmation, if in the opinion of the court, he is possessed of sufficient intelligence to justify the reception of his evidence and understands the duty of speaking the truth. Thus, before receiving the evidence of a child under the age of fourteen years, the trial court must first satisfy itself that the child has sufficien...
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ON WHETHER DEMEANOUR PER SE DETERMINES CREDIBILITY OF WITNESS

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Demeanour refers to the outward conduct, behaviour, attitude, and manner of a witness while giving evidence before a court of law. It includes how a witness speaks, responds to questions, reacts under cross-examination, and generally presents themselves in the witness box. In judicial proceedings, demeanour is observed by the trial judge as part of the process of assessing credibility; however, it is not determined by appearance alone but is considered alongside the substance, consistency, and reliability of the evidence given. Demeanour is tenuous and fluid, hence, can be misleading and can sometimes be subjective. Therefore, where the evidence of the witness before the court centers on an account of events or incidents which the witness claim to have witnessed, more objective yardsticks such as the distance between the witness and the location of the incident witnessed, the hour of the day ,the state of lighting at the location, the likely motive of the witness and wheth...
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Call for Articles & Poetry – Solace Magazine (3rd Edition)

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The Media and Publicity Directorate of Solace Chambers, Faculty of Law, Bayero University, Kano,  invites members to submit original articles, legal opinions and poems for publication in the upcoming 3rd Edition of the Solace Magazine. Submission guidelines are as follows:  - Must be original, AI-free content and not previously published on any publishing website. - Must be submitted in doc format. - All submissions must include: Full Name, Level, Phone No, and Professional Headshot. - All entries to be sent to solacebuklaw@gmail.com with the subject line: “ Solace Magazine 3.0 Submission ”. - Word Count (For Articles & Opinions): Simple Articles: 450–700 words WHILE  FOR In-Depth Articles Articles: 900–1,200 words  (subject to directorate’s approval) - Line Count (for Poetry): Minimum: 12–18 lines & Maximum: 28–32 lines Submisssion Deadline:  10TH JANUARY, 2026 . For enquiries and sponsorship: CONTACT: 07034731185 , 09063653547
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ON CONSENSUAL NATURE OF ARBITRAL PROCEEDINGS AND NEED FOR PARTIES TO ABIDE BY ARBITRAL AWARDS.

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Arbitral awards are not the usual or ordinary decisions/judgments delivered by the ordinary or normal courts established by Law, but outcomes of proceedings and decisions by people or institutions freely and voluntarily chosen specifically by the parties in the course of their agreements/contracts that are fiduciary in nature, to, in the event of any dispute arising from such relationship in which, very often,time is of essence, expeditiously and with relative ease,settle it conclusively to bind them. The case involves an appeal against the judgement of the Court of Appeal delivered on 22nd July, 2020, refusing the appellants application for dismissing the judgement of the High Court on the contention that the arbitral tribunal lacks the to grant the awardand rightly recognised the arbitral award.The Supreme Court in an unanimous decision allowed the appeal and affirmed the decision of the two lower courts. NICON INSURANCE LIMITED V.BRIGHTHOUSE ESTATE LIMITED (2025)8 NWLR ...
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EFFECT OF AN INCOMPLETE RECORD OF APPEAL: A REVIEW OF DADA V. YANDAYI (2025) 8 NWLR (PT. 1993) 517

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An incomplete record of appeal is a fatal defect that prevents the appellate court from hearing the case and often leads to the appeal being struck out, regardless of it’s merits. Lawyers must therefore ensure that every necessary document is included, as failing to do so can destroy a client’s chances of justice.

 It goes without saying that a record of appeal is the appellate court’s roadmap. It is the formal compilation of documents and proceedings from the lower court that the appellate court uses to determine whether the lower court’s decision was correct. 
 A record of appeal contains the judgment appealed against, the pleadings, proceedings, exhibits, and the proposed notice of appeal, etc.; and it determines what the appellate court can review. Thus, an incomplete record can deprive the court of the material needed to decide the appeal and may lead to dismissal, striking out, or remittal for completion depending on the circumstances. 
 One of the most fundamental r...
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3RD ANNUAL LEGAL QUIZ & DEBATE COMPETITION

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SOLACE CHAMBERS, FACULTY OF LAW, BAYERO UNIVERSITY KANO Presents 3RD ANNUAL LEGAL QUIZ & DEBATE COMPETITION It’s another year of sharp arguments, fast thinking, and unmatched legal brilliance! Solace Chambers proudly presents the 2024/2025 Legal Quiz & Debate Competition — an annual intellectual event designed to sharpen legal reasoning and deepen substantive and procedural knowledge of law. EVENT DETAILS Date: Wednesday, 10th December 2025 Time: 2:00 PM Venue: Theatre II Debate Topic: “Right of Appeal Under Section 241(2) of the 1999 Constitution: Which Interpretation Reflects the Drafters' Intent?” Quiz Segment: A rigorous test covering key areas of Nigerian law: Commercial law, Equity & Trust, Mu'amalat and Islamic law of tort, Constitutional law, Nigerian legal system, Law of contract, Introduction to Shariah, Legal Method, LegaI Ethics and Civil & Criminal Procedure Join us for a thrilling session of constitutional debate, analysis, and academic excellence....
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