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NATURE OF A UNIVERSITY’S DUTY OF CARE TO ITS STUDENTS IN THE ADMINISTRATION OF THEIR ACADEMIC AFFAIRS, AND THE LIABILITY BORNE WHERE SUCH DUTY IS BREACHED THROUGH NEGLIGENCE

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A university’s autonomy protects academic judgment and not administrative negligence. Hence, a university owes its students a legally enforceable duty of care in tort. The scope of the university’s duty of care include academic, administrative, and pastoral/procedural duty of care, and a breach of this duty in the administration of academic affairs attracts liability in damages. It is a widely accepted assumption that academic matters fall exclusively within the province of university authorities and should not be subjected to judicial interference. For decades, Nigerian universities invoked academic autonomy as a shield against judicial scrutiny. However, does a university’s academic autonomy permit it to escape liability where negligence is established in the administration of academic affairs? The very recent Supreme Court case of Victor v. F.U.T.A. (2026) 8 NWLR (Pt. 2044) 33 is an important landmark authority on the extent of university autonomy and the legal responsib...
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THE OBJECT OF LIMITATION LAWS AND THE LEGAL CONSEQUENCES OF INSTITUTING AN ACTION OUTSIDE THE PRESCRIBED LIMITATION PERIOD

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Limitation laws constitute an important aspect of the administration of justice. They prescribe the period within which a person must institute an action to enforce a legal right or seek judicial redress. Although these laws may sometimes appear harsh, particularly where a claimant has a genuine grievance, their primary purpose is to ensure that legal disputes are brought before the courts within a reasonable and legally prescribed period. They are designed to prevent the institution of stale claims, promote certainty in legal relationships, preserve the reliability of evidence and protect persons, particularly public officers, from indefinite exposure to litigation. The object and effect of limitation laws were very recently considered in the case of BAYELSA OIL CO. LTD. V. DORGU (2026) 16 NWLR (Pt. 2065) 349, where the court examined the consequences of instituting an action outside the period prescribed by statute, particularly under Section 2(a) of the Public Officers P...
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WHETHER A DEFENDANT CAN PLEAD BOTH DEFENCES OF PROVOCATION AND SELF-DEFENCE SIMULTANEOUSLY

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The defences of provocation and self-defence are recognised defences in criminal law. However, despite their availability to an accused person in appropriate circumstances, the two defences operate on different legal principles and produce different legal consequences. While a successful plea of self-defence may completely exonerate an accused person, a successful plea of provocation ordinarily mitigates criminal liability rather than absolving the accused of the offence. The above principle was considered by the Supreme Court in the very recent case of IDOWU AJEWOLE v. STATE (2026) 14 NWLR (Pt. 2060) 371, where the Court addressed the question of whether a defendant can rely on the defences of provocation and self-defence simultaneously. The central issue in the case was whether the two defences, being legally inconsistent, could avail an accused person at the same time. In determining this issue, the Supreme Court emphasised the distinction between the legal consequences ...
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EFFECT OF A STATUTE-BARRED CLAIM

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The above principle was reaffirmed by the Supreme Court in the very recent case of KEYSTONE BANK LTD. V. EBUH (2026) 13 NWLR (Pt. 2058) 433, where it considered whether a claim for the refund of money paid for shares that were not allotted could be brought more than nine years after the cause of action arose. To proceed, a statute-barred claim has been judicially defined by the Supreme Court in the aforementioned case as: “… a claim that is barred by a statute of limitations; a claim that cannot be brought because the time allowed by law for bringing it has expired…” The above case shall be the framework of this journey on the effect of a statute-barred claim. A simple and brief narration of the facts of this case goes thus: Dr. Vincent O. Ebuh applied for and paid for 30,000,000 shares during a public offer. However, only 4,335,000 shares were allotted to him, leaving 25,665,000 shares unallotted. He subsequently sought a refund of ₦436,305,000, representing the money alle...
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INGREDIENTS OF RAPE

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Rape has been well-established as an offence in Nigeria under the Criminal Code Act, Penal Code Act, and the Violence Against Persons (Prohibition) Act (VAPP Act), 2015. The offence of rape, haven been clearly defined in the aforementioned statutes, respectively, have given rise to the ingredients of the said offence. A joint reading of the provisions of the aforementioned statutes goes to show that under Nigerian law, there are some ingredients of the offence rape, which are essentially that there was intentional sexual penetration, however slight, of the victim; that it was done without her free and voluntary consent or where consent was obtained by force, fear, fraud or because the victim is underage or of unsound mind; and that the accused person has been positively identified as the person who did the act. In order to adequately journey through the ingredients of rape, recourse shall be made to the case of SHAFIU YA’U V. THE STATE (2022) 18 NWLR (Pt. 1863) 601, moreso,...
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WHETHER MANDATORY FOR COURT TO CONSIDER ALL ISSUES BEFORE IT

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The case involves an appeal against the judgment of the Court of Appeal, Sokoto Division delivered on the 16th day of March, 2022, in Appeal No. CA/S/121S/2020, wherein the appeal from the Sharia Court of Appeal, Kebbi State sitting in Argungu which had itself heard an appeal from the Upper Sharia Court, Gwandu was allowed on the ground that the Sharia Court of Appeal, Kebbi State lacked jurisdiction to entertain the matter. KAMBAZA V. KAMBAZA (2026) 15 NWLR (Pt. 2063) 399 (SC). A brief of narration of what transpired in the case is that: The respondent, who was the claimant at the Upper Sharia Court, Gwandu, filed an action against the appellant inviting the court to recover a parcel of land from the appellant, who was the defendant at the lower court, claiming he inherited the same from his father. The matter went into hearing and the lower trial court confirmed the ownership of the farmland in favour of the appellant. Dissatisfied with the judgment of the trial court, th...
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EXCEPTIONS AND LIMITATIONS TO THE CONCEPT OF FUNCTUS OFFICIO

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It is perhaps one of the most settled judicial principles, if not even the most, that once a court delivers its judgement or makes a decision as regards a particular matter, it becomes “functus officio” and afterwards does not have the power to revisit the same subject matter to adjudicate over it once again. This principle is however not sacrosanct, as there exists some exceptions to its generality. This write up shall border on the meaning and essence of the concept of functus officio and the exceptions thereto, in the light of the decision of the court in Abinde v. Salako (2025) 3 NWLR (Pt. 1978) 159. Concise account of relevant facts of the case is as follows: The appellants, as plaintiffs, through a writ of summons signed by a law firm, against one Alhaja Aduke Salami at the trial court, sought: • a declaration of lawful ownership over a particular parcel of land; • a perpetual injunction restraining the defendant, her servants, agents, workers, representatives or priv...
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