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Law/Judiciary

NBA Lauds NICN President Over New Court

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Chairman of Nigeria Bar Association (NBA) Port Harcourt Branch, Rivers State, Barrister Lawrence  Oko-jaja has lauded the president of the National  Industrial Court of Nigeria (NICN), Justice Babatunde Adenuro Adejumo for approving the establishment of a division of the court in the state.

The NBA Chairman stated that the establishment of court in the state would go along  in addressing the industrial disputes within the state and its neigbourhood adding that the court has long been overdue in the state.

According to him, most litigants from the state travel out of the state for prosecution of their cases and some others have to abandoned theirs because of huge cost, incurred in the prosecution.

He assured the industrial court President of the total support of members of the association to him in other to ensure the success of the new court in the state.

He thanked the state government for the support given to the judiciary especially in the areas of infrastructural  development  as well as the state  Chief Judge, Justice Iche Ndu and the state Attorney-General and Commissioner for Justice for their leadership and assistance to the Bar in the state.

Earlier in his speech, the president of National Industrial Court of Nigeria, Justice Babatunde Adenuro Adejumo thanked members of the state Nigeria Bar Association (NBA) for the reception accorded him and his entourage to the state.

Justice Adejumo explained that the visit  was in response to the earlier visit made by the NBA chairman and his executive to him at Abuja requesting for the establishment of a division of the court in the state.

The president of the industrial court while describing the state as a high industralised  state urged people of the state especially workers and employers of labour to take advantage  of the court now in the state to settle their various labour related cases adding that the court will serve both the state and Bayelsa states.

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Law/Judiciary

JAMB Hands Over 195 UTME Candidates To Police For Trial

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The Joint Admissions and Matriculation Board has handed over no fewer than 195 candidates in the just concluded Unified Tertiary Matriculations Examination to the police for prosecution over alleged involvement in various examination malpractices.
JAMB said some of the candidates had been arraigned by the police in various courts while others were still undergoing further investigation and would also face trial.
The board in its weekly bulletin obtained by our correspondent published the names and states of the 195 candidates.
Last week, it had released the names of 149 candidates with Imo, Anambra and Enugu States topping the list with 26, 12 and 12 candidates respectively.
Meanwhile, the number of suspects has risen to 195 with Imo, Anambra, Enugu, Kano and Kaduna states leading with 28, 16, 15, 15 and 15 cases respectively.
The offences listed against the candidates included; examination by proxy, attempt to cheat, forceful entrance, tampering with examination documents, smuggling of mobile phones into the examination halls among others.
Other states on the list of malpractices included; Abia, Adamawa, Jigawa, Kaduna, Kano, Kwara, Ondo, Oyo, and Osun.

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Law/Judiciary

LG Boss Enforces Wike’s Directives On COVID-19 …Monitors Compliance With Security Agencies

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In a bid to comply with the directive of Governor Nyesom Wike, on preventing the spread of COVID-19, the Chairman of Oyigbo Local Government Area of Rivers State, Prince Gerald Oforji is working with security agencies to clamp down on defaulters in the area.
Monitoring the exercise yesterday in company with some heads of security agencies, Prince Gerald Oforji said the closure of all entry points and markets was aimed at the safety of the people.
Oforji said emphatically that he had no option than to comply with the directive of the state chief executive in his pro-activeness to prevent entering of the pandemic corona virus in Rivers State.
He said adequate awareness and sensitization had been done on that danger of contacting the pandemic COVID-19 popularly called coronavirus, saying no market would be allowed tom open until further notice.
We are appealing to the people and traders to bear with the government at this perilous time which according to him will not last long.
“As a responsible government, we feel this pain of the people, but we also need to stay alive to eat. The drastic measures our dear governor has taken is meant for the good of the state, hence Oyigbo must support it to the later”, he said and noted that all hands must be on deck to drive away the deadly virus being the singular reason I have been monitoring all entry points in Oyigbo in company with the area commander ACP Collins Rosemary as well as other security heads.
“The vigil we are keeping at all entering point, including market places, following the directive of Governor Nyesom Wike cannot be compromised”.
He also encouraged the people to make good use of sanitizers, regular hand washing, avoid body contact and other preventive measures as directed by medical experts.
In her respond, the Oyigbo Area Commander, ACP Collins Rosemary vowed to deal decisively with any officer under her command who indulge in act capable of jeopardizing the effort of government.
She said monitoring officers under her watch as directed by the commissioner of police would continue, warning officers to remain professional in the discharge of their duties.

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Law/Judiciary

Juristic Personality

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In legal theory, a person is any being whom the law regards as capable of rights and duties. There two kinds of persons, distinguished as natural and legal. A natural person is a human being while a legal or juristic person is a person in legal contemplation such as a join-stock company or a municipal corporation. The birth and death of legal persons are determined by law. The crime into existence at the will of the law and they end during its good pleasure. They are in their own native capable of indefinite duration, this being indeed are of their chief virtues as compared with humanity. But they are not incapable of destruction. The extinction of a lovely corporate is called dissolution the severing of that legal bond by which its members are knit together.
A juristic person is a body recognized by the law as being entitle-led to rights and duties in the same way as a natural or human person. The legal entity has a distinct existence from its members or shareholders, it possesses properties in its own name, acquires rights, assumes obligation and responsibilities, signs contracts, and can be sued or institute legal proceedings, exactly like a natural person. The company is treated as a separate person from its participants. It is owned by at least one director. The legal personality of a corporation was established to include five legal rights- the right to a common treasury, the right to own property, the right to a corporate seal and the right to sue and sued.
In Mothercat Nig Ltd V. Registered Trustees FGAN (2013) LPELR – 22118 (CA) 23-24 EC PER NWEZE JCA (as he then was). “We take the liberty to state that our law attributes juristic personality that is, the capacity to maintain and defend actions in court to natural persons and artificial persons or institutions. They are therefore known in law as legal persons. In consequence only natural persons or a body of persons whom statutes have either expressly or by implication clothed with the garment of legal personality can prosecute or defend law suits by that name. See Admin. Estate of General Sanni Abacha V. Eke-Spiff and Ors (2009) NWLR (Pt 1139) 92”.
It is indeed trite that only legal persons can sue and be sued. A court cannot entertain a suit or give judgment in favour of non-juristic entity. Once the question of juristic personality of a party arises in a suit, it is only the certificate of incorporation that can settle the issue. See Registered Trustees of Apostolic Church V. Attorney General Mid-Western Nigeria (172) NSCC (Voz.7) 247. Our law attribut4es juristic personality, that is, the capacity to maintain and defend actions in court to natural persons and artificial persons or institutions. See Genera V. Afribank Nig Plc (2013) LPELR-SC 72/2001.

 

Nkechi Bright-Ewere

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