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What You Should Know Cause Of Action

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This is a group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person.

It may be defined generally to be a situation or state of facts that entitles a party to maintain an action in a judicial tribunal. This state of facts may be (a) a primary right of the plaintiff actually violated by the defendant; or (b) the threatened violation of such right, which violation the plaintiff is entitled to restrain or prevent, as in case of action for injunction; or (c) it may be that there are doubts as to some duty or right or claim, which the plaintiff is entitled to have cleared up, that he may safely perform his duty, or enjoy his property.

A new cause of action is a claim not arising out of or relating to the conduct, occurrence or transaction contained in the original pleading.

An amended pleading often relates back to the date the original pleading was filed. Thus, a plaintiff may add claims to a suit without facing a statute-of-limitations bar, as long as the original pleading was filed in time to satisfy the statute. But if the amended pleading adds a claim that arises out of a different transaction or occurrence, or out of different alleged conduct, the amendment does not relate back to the date the original pleading wad filed.

Cause of action is a claim sufficient to demand judicial attention; the facts that give rise to right of action. In law, a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue. The phrase may refer to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).

The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the “elements” required by statute. A cause of action is essential to every civil lawsuit; it is the basis for your complaint. Usually the plaintiff will assert separate counts in his complaint-one for each cause of action. They are facts that give someone the right to seek a remedy through the court because they establish negligence or other rights under the law sought to be enforced.

The cause of action is the specific grievance or violation that gives grounds for a legal action. The reason a complaint may be filed with the court. It is the plaintiff’s legal claim against the defendant. There is often more than one cause of action in a lawsuit.

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Law/Judiciary

Supreme Court Strikes Out Perjury Suit Against Buhari

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The Supreme Court on Monday struck out the suit seeking the disqualification of President Muhammadu Buhari in the 2019 presidential election over alleged perjury.
The suit was filed by Kalu  Kalu, Labaran Ismail and Hassy El-Kuris, all legal practitioners.
Delivering judgment, the Justice Mary Odili-led panel of five justices held that the case was statute barred and therefore dismissed.
The Tide reports that the justices during the introduction of appearances wondered why Mr Abdullahi Abubakar, State Counsel from the Federal Ministry of Justice will be representing a private individual.
Abubakar had announced his appearance for the first respondent (General Muhammadu Buhari (Rtd) in the suit.
They warned him to desist from such act of using public office to defend a private litigation.
Muhammad Dattijo, while addressing the counsel cited the President Bill Clinton’s numerous private cases while in the office.
“Clinton in his numerous private litigation, he never used government organs but rather personally sponsored all his private cases,”.
He warned that his actions contravened the Code of Conduct for public servants which has consequences.
Odili in her judgment said, ‘the court notes the inappropriate appearance of Mr Abdullahi  Abubakar state counsel from the Federal Ministry of Justice, representing the first respondent Gen. Muhammad Buhari Rtd in his personal capacity.
“This practice must be discouraged, appeal have been withdrawn is hereby dismissed”, Odili said.
The justices had warned Abubakar
The appellants grievances had arisen from the dismissal of their suit at the Court of Appeal in Abuja, on grounds that it was statute barred and as such could not be heard.
They had approached the apex court to nullify the candidacy of President Buhari in the just concluded presidential poll over allegations of perjury.
The appellants specifically wanted Buhari’s nomination and subsequent victory at the Febrary 23 presidential election nullified on the grounds that President Buhari lied on oath in his form 001 that he submitted to INEC for the purpose of clearance for the presidential election.
They asked the apex court for an Order to set aside the judgment of the court of appeal and hear the matter on merit and grant the reliefs sought in the Originating Summons.
Among the reliefs sought are a declaration that Buhari submitted false information regarding his qualification and certifcate to INEC for the purpose of contesting election into the office of the President of Nigeria and that he should be disqualified.
They also prayed for an order of court directing INEC to remove Buhari’s name as a candidate of APC and another order restraining Buhari from parading himself as a candidate in the 2019 presidential election and also APC from recognising Buhari as a candidate.
The Court of Appeal in a unanimous judgment delivered by Justice Mohammed Idris, had on July 12, held that the singular fact that the suit was filed outside the 14 days provided by the law robbed the court of jurisdiction to entertain the it.
The Federal High Court had in May declined to grant the request of the appellants on the grounds that the suit was not filed within the time allowed by law and therefore sustained the preliminary objection raised by Buhari at the hearing.
The appellants had through their counsel, Ukpai Ukairo, presented 12 grounds for the setting aside of the judgment of the Court of Appeal, amongst which are;
That the “Learned Justices of the Court of Appeal erred in law in relying on a Preliminary Objection withdrawn and struck out by the Court of Appeal in striking out and dismissing the appeal.

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Law/Judiciary

Oil Theft: Wike Fingers Security Agencies

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Rivers State Governor, Chief Nyesom Wike has attributed the increasing spate of oil bunkering to the involvement of security agencies in the system.
Wike stated this during a visit on him by a delegation of Konrad Adencuer, a German Foundation, led by Dr Vladimir Kreck Andreas Lamnel and Dr Joachim Pifeiffer of the German Parliament in his office at Government House, Port Harcourt, Monday.
In a statement signed by the governor media aide, Simeon Nwakaudu, Wike noted that oil bunkering had continued to thrive across the country due largely to the collaboration of security agencies with the bunkerers.
Wike noted that inspite of efforts by the government to tame the situation, it has rather continued to worsen courtesy of security agencies involvement.
The governor said “some of the security agencies are involved in oil theft. When you talk about oil bunkering, the security agencies are involved. They are fully involved.
Wike however maintained that the partnership of fee federal government with the state government would foster the success of the fight against oil bunkering saying if the federal government cones strongly and partner the states, we will solve some of the problems”.
While noting that the politicization of security was also a militating factor against oil theft fight, Wike said that the security framework of the state was negatively affected by oil majors whom he said patronize cult groups for surveillance jobs revealing however, that the state security council was liasing with oil majors to stop the patronage.
“We have told oil majors to patronize official state security agencies and stop patronizing cult groups for surveillance jobs. This is because part of the problem is the continued patronage of these cult groups”, he said.

 

Lady Godknows Ogbulu

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Police Officers Are Doing Everything To Curtail Criminality – PPRO

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The police say they are trying their possible best to reduce cultism, kidnapping, and armed robbery but insist that crime still increases day by day.
Speaking with The Tide, the Rivers State Police Public Relations Officer, DSP Nnamdi Omoni in Port Harcourt said yesterday that police officers had to contend with the menace of cultism in the State.
Omoni also said that the police officers had tried their best to curtail armed robbery and  kidnapping but the crimes had remained inspite of their efforts. He noted that officers were in place to decimate cult boys that were creating issues with their rivals in most identified communities.
He, however, advised communities to cooperate with police officers around their vicinity to help maintain peace.
Omoni added that there were many reasons to curtail criminal activities so all houses should be on deck and urged the collaboration of community members with the police officers and vigilanties to help assist in terms of information dissemination.

 

Kpobari Barizaa

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