SOLACE CHAMBERS BUK

Burden of proof, or onus probandi, refers to the obligation on a party to establish the facts necessary to support their case. In Nigeria, it is primarily governed by the Evidence Act, 2011. The doctrine has two aspects: Legal burden: The obligation to prove the case as a whole; and  Evidential burden: The obligation to adduce sufficient evidence on a particular fact to make it an issue. Burden of proof, as per the Evidence Act, says he who asserts must prove, and in everyday life this means that if you make an allegation, online, in interviews, or even on social media, the burden is on you to provide evidence, not on others to disprove it, this is why responsible speech matter. With respect to the principle of burden of proof and the nature of locus standi, I shall go on an adventure of the recent case of Ukegbu v. N.B.C. (2025) 2 NWLR (PT. 1976) 283, where the Honourable Justices of the Supreme Court made fundamental pronouncements. But before that, let’s have a look ...

📢  Call for Submissions: Solace Annual Essay Contest (1st Edition) 📢 Solace Chambers, Bayero University, Kano, is excited to announce its inaugural essay contest, providing a platform for law students at Bayero University, Kano, to showcase their writing skills and engage with cutting-edge legal topics. We urge all eligible students to participate and share their thoughts on the intriguing topic: Topic _The Robotic Gavel: Will Artificial Intelligence Soon Replace Human Lawyers?_ Eligibility: _Students of Faculty of Law, Bayero University, Kano only._ Submission Guidelines: - Word Count: 1500-2000 words (excluding footnotes) - Format: Text justified; Times New Roman font, size 12; 1.5 line spacing (main text), 1.0 line spacing (footnotes) - References: NALT referencing style (accessible at https://drive.google.com/file/d/1-jVxRut8_RBlMjUIn-SKWmtqH35YTBnD/view?usp=drivesdk) - Original submissions only; no plagiarism, previously published works, or AI-generated content - Submit in b...

Taxation is one of the most important mechanisms through which governments generate revenue for the provision of public services and the promotion of national development. In every modern society, taxation serves as the financial backbone of government activities, enabling the state to fund infrastructure, education, healthcare, security, and other essential public services. Consequently, every responsible government relies significantly on tax revenue to discharge its constitutional and statutory responsibilities. Generally, taxation may be defined as a compulsory levy imposed by law on individuals, companies, and other taxable entities for public purposes. Unlike voluntary contributions or donations, taxation is mandatory and enforceable by law. The compulsory nature of taxation distinguishes it from other forms of government revenue and underscores the obligation of citizens and corporate bodies to contribute towards the development of the state. The primary purpose of t...

The law is settled that payment of prescribed filing fees is an important requirement in the commencement and prosecution of legal proceedings. Court processes are generally expected to be assessed and duly paid for before they can be regarded as properly filed. Failure to pay the required fees may affect the competence of a court process and, in appropriate circumstances, may result in the process being struck out. The learned 5 Justices of the Supreme Court have, in the case of GE INTERNATIONAL OPERATIONS (NIG.) LTD v. Q OIL & GAS SERVICES LTD. (2016) 10 NWLR (Pt.1520) 304 SC emphasised on the payment of prescribed filing fees and the competence of court processes therefrom. A brief and simple narration of the fact of the case is as follows: The dispute between the parties arose from a contractual relationship governed by a Master Services Agreement. The respondent, Q Oil & Gas Services Ltd, was engaged in the supply of personnel and related services to the appe...

The Position of Law is that where parties voluntarily submit their dispute to arbitration, the resulting arbitral award is final and binding upon them. Courts are not appellate bodies over arbitral tribunals and will only interfere where a party establishes recognized statutory grounds such as lack of jurisdiction, misconduct or breach of fair hearing. Mere dissatisfaction with the findings of the arbitrator is not a ground for setting aside an arbitral award.
 For more clarity on the topic, I’ll be making reference to the recent case of NICON INSURANCE LTD. v. BRIGHTHOUSE ESTATE LTD. (2025) 8 NWLR (Pt. 1993) 469.
A brief narration of the fact of the case is that: 
 The applicant and the respondents are parties to an agreement with an arbitration clause. A dispute between the parties was referred to arbitration, and an award was entered in favour of the respondent.
The applicant applied to the High Court to set aside the award. The applicant asserted lack of jurisdiction of...

An Arbitration Clause is a provision in a contract requiring parties to resolve any future disputes through a private arbitrator or panel of arbitrators, rather than through a traditional lawsuit in a court (litigation). Even where there is an ongoing lawsuit in court and a defendant has filed his statement of defence, it does not waive his right to invoke an existing arbitration clause.
 It is a trite principle of law that when parties entered into a contract, they are bound by the terms and clauses contained therein. Thus, where parties agree to include an arbitration clause in their contract, such agreement is enforceable and binding on them. It is also a well-established principle of procedural law that once a claimant serves their Statement of Claim, the defendant is naturally required to file a Statement of Defense to protect their interests. However, a crucial question arises where the contract between the parties contains an arbitration clause: Does the act of filin...