by Legalnaija | Jan 21, 2026 | Blawg
Lagos, Nigeria – The Nigerian legal community has been thrown into mourning following the reported killing of Mr. Peter Ihiemekpen, Esq., a member of the Nigerian Bar. The incident, alleged to involve a police officer, has sparked outrage and renewed calls for accountability within law enforcement.
In a press statement, Lateef Omoyemi Akangbe, SAN, former Chairman of the NBA Lagos Branch, described the killing as “a painful and disturbing incident” that should concern not only the legal profession but all citizens who value human life and the rule of law.
“When a life is taken in circumstances alleged to involve a police officer, the issue goes beyond personal tragedy. It becomes a public matter that tests our commitment to accountability and justice,” Akangbe said.
He emphasized that while reports indicate the officer involved is in custody, justice requires more than an arrest. “It requires a careful, transparent, and credible investigation that allows the truth to emerge and reassures the public that the process is not compromised,” he added.
Akangbe called for the immediate establishment of an independent panel of investigation to examine the incident fully and openly. He stressed that where wrongdoing is established, prosecution must follow in accordance with the law.
The Senior Advocate also highlighted the urgent need for meaningful police reforms, focusing on professionalism, restraint, and respect for human dignity. “A society that truly values life must show it through action. Justice for Mr. Peter Ihiemekpen is not only about addressing one tragic loss, but about affirming the kind of country we want to be,” he concluded.
The Nigerian Bar Association is expected to issue further statements as investigations progress.
by Legalnaija | Jan 16, 2026 | Blawg
PREAMBLE
Imagine a construction project in Lagos, with five contractors, each from different jurisdictions. A dispute arises over delays and cost overruns. In one of the situations, the arbitration clause kicks in but halfway through the parties realize that they need some sort of interim judicial relief to freeze assets, and at the same time exploring mediation as a way to preserve commercial relationships. By the time the arbitral tribunal is prepared, the dispute has splintered into other court arbitration and mediation proceedings, each proceeding at its own speed, costing each millions[1]. The attempt to create order is yet another site of war.
This is where hybrid models of dispute resolution hold the most promise. Hybrids offer a flexible and less expensive means of coping with the increasing complexity of commercial transactions by incorporating the strengths of litigation, arbitration, mediation and expert determination. Yet, while these models are the future of dispute resolution, these models also raise thorny legal and procedural questions about enforceability, fairness and compatibility with existing legal frameworks.
This essay explores the potential and the pitfalls of hybridizations, particularly, whether hybridization is a viable prospect within Nigeria’s developing dispute resolution marketplace.
NATURE OF HYBRID MODELS IN DISPUTE RESOLUTION
Hybrid models are processes that blend two or more forms of dispute resolution within one process, either occurring sequentially or simultaneously, in order to improve efficiency, fairness and enforceability. They are born out of the understanding that litigation, arbitration or mediation alone cannot respond to the needs of every dispute.
Types of Hybrids
The hybrid ones have included the most recognized of these models:
- Med-Arb: where mediation is attempted first, and if mediation fail, the case proceeds to arbitration.
- Arb-Med-Arb: becoming popular in Singapore and Hong Kong, arbitration is initiated, mediation is attempted, and if mediation is unsuccessful, arbitration picks up where it left off.
- Lit-Arb: courts and arbitral tribunals working in tandem, usually for interim measures, but also for recognition of awards, and joinder of non-signatories.
- Multi-tier clauses: sometimes require negotiation → mediation → arbitration/litigation as a condition precedent to each step up the ladder.
Legal Recognition
Internationally, these models are backed up by instruments such as the UNCITRAL Model Law on International Commercial Arbitration[2], the New York Convention of 1958[3] and, more recently, the Singapore Convention on Mediation of 2019[4].
In Nigeria, the new Arbitration and Mediation Act 2023 (AMA) has made mediation and hybrid processes a central feature of the law, enabling for example, in Section 67, the enforceability of settlement agreements resulting from mediation[5]. The Act is consistent with international standards[6] and has provided Nigeria the opportunity to begin incorporating hybrid processes into its commercial dispute resolution culture[7].
Opportunities of Hybrid Models in Complex Commercial Cases
The hybrid form of dispute resolution has a number of distinctive strengths, especially in a time when a commercial dispute has moved from a single linear dispute to rather a multi-factored potential conflict involving cross-border trade, digital assets, and technical partnerships.
- Efficiency and Cost Effectiveness: One of the most lauded advantages of hybrid models like Med-Arb is the ability to blend the expediency of mediation with the finality of arbitration[8].
- Flexibility for Complex, Multi-Party Disputes: Hybrid processes are very well suited to technical disputes involving multiple stakeholders. These hybrids enable parties to work through temporary complicating technical details in a non-adversarial way before they must enter into adversarial decision-making[9].
- Preservation of commercial relationships: in Nigeria’s commercial ecosystem, networks and reputation are frequently more valuable than the contract itself, the hybrid process’s incorporation of mediation makes it possible for relationships to not be irreparably damaged[10].
- Enforceability in International Frameworks: Nigeria, having ratified the 1958 New York Convention, subject to enforcement as an arbitral award is that Nigeria acceded to it in 1970. In addition, as the Singapore Convention on Mediation, which Nigeria has signed but not yet ratified, is expected to enter into force soon, mediated settlements may increasingly gain international enforceability[11].
- Institutional Development and Nigeria’s Arbitration Hub Aspirations: Hybrid dispute clauses are increasingly being adopted in model rules by relevant institutions[12]. This makes Nigeria now positioned as the natural centre for the resolution of a Africa continent wide commercial disputes under AfCFTA giving local and foreign investors greater confidence with hybrid processes[13].
CHALLENGES OF HYBRID MODELS IN COMPLEX COMMERCIAL CASES
Although hybrid dispute resolution mechanisms can work enormously well, there are legal, cultural, and institutional barriers to hybrid dispute resolution in Nigeria and across Africa.
- Concerns About Neutrality: On a scale of neutrality and role conflicts such as Med-Arb, the same individual is often criticised for being both mediator and arbitrator[14].
- Absence of Clear Legislative Framework: AMA is silent on hybrid models, therefore, this legal uncertainty discourages parties from creating Med-Arb clauses in contracts with doubt about the legality and recognition provided by Nigerian courts[15].
- Judicial Attitudes and Enforcement Risks: In recent years, some courts have been interventionist with arbitration. Without judicial buy-in, hybrid settlements may have resistance in enforcement[16].
- Cultural Resistance and Awareness Gaps: Hybrid systems can be viewed as “experimental” or less legitimate. Lawyers often resist mediation stages, noting the impact they have upon professional fees. This cultural challenge remains the most daunting obstacle to hybrid adoption[17].
Judicial and Practical Considerations for Nigeria
There are some judicial and practical realities that must be grappled with, for hybrid systems to flourish as part of the Nigerian dispute resolution landscape. AMA has established the paradigm of ADR as modern, but it is mute on hybrids and thus leaves much room for judicial creativity and legislative tweaking.
- The Role of the Nigerian Judiciary
The courts remain the arbiters of enforceability. It follows that Nigerian judges must:
- Recognize Med-Arb/Arb-Med Clauses as Enforceable: In Mekwunye v. Imoukhuede, the Court reaffirmed the sanctity of arbitration agreements, but said nothing about hybrids[18]. A progressive attitude that extends this deference to Med-Arb clauses is crucial.
- Ensure Confidentiality Protections: Courts must develop jurisprudence to allay parties concerns that confidential mediation disclosures could taint arbitration. Comparative practice from the Hong Kong courts who require written waivers prior to a mediator being able to act as an arbitrator provides a workable Nigerian adaptation[19].
- The Legislature and Hybrid Gaps
AMA, though a positive development in this respect, does not codify these hybrid models. A future amendment could look to:
- Singapore’s Med-Arb framework that explicitly provides rules for the transition from mediation to arbitration[20].
- China’s CIETAC Arbitration Rules re-institutionalize Arb-Med-Arb as a dominant path, demonstrating the success of hybrids when they supported by legislation[21].
- Codification would provide certainty to parties and courts and would incentivize corporate actors to use these clauses in contracts.
Comparative Insights and Global Lessons
The various jurisdictions that have tried Med-Arb, Arb-Med and Arb-Med-Arb contain lessons that Nigeria can learn from in bolstering her commercial dispute resolution landscape.
- Singapore: Institutional Innovation
Singapore is at the forefront of hybrid processes internationally, primarily because of the Arb-Med-Arb Protocol (2014) it has established by collaboration between the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC). Within this system:
- Arbitration is initiated, only to be diverted to mediation.
- If mediation succeeds, the settlement can be transformed into a consent award that is enforceable under the New York Convention (1958).
- In case the mediation does not succeed, arbitration will continue where it left[22].
- China: Cultural and Institutional Acceptance
In China Arb-Med is embedded in the rules of the China International Economic and Trade Arbitration Commission (CIETAC). Arbitration cases regularly recommend mediation. If the mediation is successful, the result can be recorded as an arbitral award.
China’s success is underpinned by two factors:
- A cultural Confucian bias towards harmony and compromise[23].
- State support in the form of legal and institutional frameworks.
- Hong Kong: Judicial Caution
The courts in Hong Kong, in particular, have taken a more conservative approach when it comes to neutrality issues in Med-Arb. In Gao v. Keeneye, the court disallowed a Med-Arb settlement award because the mediator/arbitrator had obtained confidential information during the mediation process that interfered with his neutrality[24].
- European Union: Encouraging but Fragmented
ADR is also promoted at the EU level through the European Directive on Mediation (2008/52/EC), which encourages courts and other institutions to refer cases to mediation. But, the EU has not cemented hybrid models into the region, it is still left to the individual member states.
- United States: Pragmatism in Hybrids
Med-Arb in the United States is becoming more popular in labor disputes and complicated commercial disputes. Court supervised settlements, such as those in United States v. Miami exemplify this combination of mediation and enforceable adjudication[25].
Lessons for Nigeria
AMA provides a timely legal umbrella that can accommodate the embedding of hybrid models. But, global lessons need to be translated into practice within Nigeria:
As Singapore has done, Nigeria may consider incorporating Arb-Med-Arb into the various rules and regulations of its institutions, starting with the oil & gas, maritime, and fintech disputes where there is a strong need for cross-border enforceability.
Just as in the Arb-Med model[26], it is generally elders who fill the role of mediator and judge in Yoruba and Igbo conflict resolution.
The AMA can build on this by formally incorporating community mediation practices into institutional ADR and ensuring enforceability.
The Gao Haiyan case warns against impartiality risks where the mediator become arbitrator. The Nigerian government can prevent this by: Amending institutional rules to require written consent from parties before a mediator can act as an arbitrator in the same dispute.
RECOMMENDATIONS FOR NIGERIA
The potential for hybrid solutions to the resolution of commercial disputes lies in a joint undertaking by institutions.
- Judiciary
- Develop Precedent on Hybrids: Just as in United World Ltd v. MTS Ltd, courts have upheld the autonomy of the arbitral process, they should also explicitly grant the same recognition they give to consent awards achieved through arbitration to those achieved through mediation[27].
- Issue Practice Directions: Like the Federal High Court (Civil Procedure) Rules, old practice directions could be introduced to aid in recognition and enforcement of hybrid outcomes.
- Training Judicial Officers
- Legislature
- Codify Arb-Med-Arb Procedures: Similar to Singapore, the National Assembly should pass additional regulations strictly addressing Arb-Med-Arb procedures to provide clarification about neutrality and enforceability.
- Sector-Specific Hybrid Rules: Laws regulating maritime (NIMASA Act), oil and gas (Petroleum Industry Act)[28], and fintech could expressly provide for hybrid dispute resolution for sectoral disputes.
- Budgetary Support
- Executive
- Policy Framework: The Federal Ministry of Justice can publish a National ADR Policy in which Arb-Med-Arb is made compulsory for federal contracts of a certain value.
- Capacity-Building
- Public-Private Partnerships: the executive can promote PPPs to fund ADR centres with hybrid panels in order to lessen the backlog resulting from government related disputes.
- Private Enterprises
- Insert Hybrid Clauses
- Support Institution Building
- Cost Saving Incentives
CONCLUSION
Commercial disputes are the lifeblood of economic life and the mode in which they are settled often determines economic life or death for businesses. Nigeria stands at a critical juncture, litigation has been too rigid, arbitration and mediation have offered alternatives but neither alone is sufficient for the complexity of the modern cross border commerce. The hybrid model, combining the certainty and finality of arbitration with the flexibility of mediation, provides a compromise which is consistent with international best practices and Nigeria’s own participatory and consensus-oriented culture.
If Nigeria dares to take action now, it will not only attract investor’s confidence but export dispute resolution expertise across Africa. In ten years, the Lagos Arb-Med-Arb Protocol could be as much a point of reference globally as the Singapore Convention is.
[1] Gary Born, International Commercial Arbitration (3rd edn, Kluwer 2021) 54
[2] UNCITRAL, Model Law on International Commercial Arbitration (2006, with amendments)
[3] New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
[4] United Nations, Singapore Convention on Mediation (2019)
[5] Arbitration and Mediation Act 2023 (Nigeria), s 67
[6] By ALF, “A Review of the Arbitration and Mediation Act 2023: Charting A New Course In Nigeria.– Alliance Law Firm” https://alliancelawfirm.ng/a-review-of-the-arbitration-and-mediation-act-2023-charting-a-new-course-in-nigeria/#:~:text=The%202023%20Act%2C%20according%20to,Nigerian%20alternative%20dispute%20resolution%20practice. accessed October 1, 2025
[7] “The Nigerian Arbitration and Mediation Act 2023: A Comparison with the Arbitration and Conciliation Act 2004 and Global Practices” (International Bar Association) https://www.ibanet.org/the-nigerian-arbitration-and-mediation-act-2023#:~:text=The%20enactment%20of%20the%20Arbitration,permitting%20third%2Dparty%20funding%20arrangements. accessed October 1, 2025
[8] Born, G., International Arbitration and Forum Selection Agreements (Kluwer Law 2021) 233
[9] Centre VM, “UNDERSTANDING HYBRID ADR ” (VIA Mediation Centre) https://viamediationcentre.org/readnews/ODM4/UNDERSTANDING-HYBRID-ADR accessed October 1, 2025
[10] OB Akinola: Mediation, Conciliation and the Construction Industry in Nigeria: Catalysts or Clogs? African Journal of Law, Ethics, & Education [AJLEE] Vol. 8, No. 3 (2025) https://ajleejournal.com [ISSN: 2756 -6870]
[11] United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention, 2019)
[12] such as the Lagos Court of Arbitration and the Nigerian Institute of Chartered Arbitrators
[13] Nigerian Institute of Chartered Arbitrators, Model Arbitration Rules 2023 (NICArb, Lagos)
[14] Stipanowich T, “‘Switching Hats’: Developing International Practice Guidance for Single-Neutral Med-Arb, ArbMed, and Arb-Med-Arb — International Mediation Institute” (International Mediation Institute, May 4, 2021) https://imimediation.org/2021/05/04/switching-hats-developing-international-practice-guidance-for-single-neutralmed-arb-arb-med-and-arb-medarb/#:~:text=Concerns%20Regarding%20Mixed%20Roles,to%20enforce%20a%20final%20award accessed October 1, 2025
[15] Arbitration and Mediation Act 2023 (Nigeria), esp. Parts I & III
[16] Mekwunye v. Imoukhuede (2019) 13 NWLR (Pt 1690) 439 (SC)
[17] Okorie C and Okorie K, “ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA: ISSUES AND CHALLENGES” (unknown, April 12, 2024) https://www.researchgate.net/publication/379759340_ALTERNATIVE_DISPUTE_RESOLUTION_IN_NIGERIA_ISSUES_AND_CHALLENGES#:~:text=adjournments%2C%20and%20inadequate%20manpower%2C%20which,challenges%20associated%20with%20court%20litigations. accessed October 1, 2025
[18] Mekwunye v. Imoukhuede (2019) 13 NWLR (Pt 1690) 439 (SC)
[19] Gao Haiyan v. Keeneye Holdings (2011) HKCFI 2401 — Hong Kong Court of First Instance on Med-Arb neutrality
[20] Singapore International Arbitration Centre (SIAC) & Singapore International Mediation Centre (SIMC) Arb -MedArb Protocol 2014
[21] China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2015), Article 47
[22] SIAC & SIMC Arb-Med-Arb Protocol, 2014
[23] Ali, Shahla F., The Legal Framework for Med-Arb Developments in China: Recent Cases, Institutional Rules and Opportunities (October 18, 2016). Dispute Resolution International, DRI 119. PP. 119 -132, 2016 , Available at SSRN: https://ssrn.com/abstract=3216252
[24] Gao Haiyan v. Keeneye Holdings (2011) HKCFI 2401
[25] United States v. City of Miami, 664 F.2d 435 (5th Cir. 1981)
[26] OGBOBE S S ‘The Roles Of Elders In Alternative Dispute Resolution: Nigeria In Context’ NOUN INTERNATIONAL JOURNAL OF PEACE STUDIES AND CONFLICT RESOLUTION [NIJPCR] VOL. 2, NO. 2, AUGUST, 2022
[27] Lagos Multi-Door Courthouse Annual Report 2021
[28] Petroleum Industry Act 2021
Ajiboye Nathaniel Adebayo is a 300 Level student of University of Ilorin. His email: ajiboyenathanieladebayo@gmail.com
by Legalnaija | Jan 16, 2026 | Blawg
A well‑stocked law firm library is more than just a collection of books—it is the intellectual backbone of practice. Whether your firm specializes in Dispute Resolution or Commercial Law, the right resources can sharpen expertise, support client service, and keep practitioners ahead of evolving legal trends. At Legalnaija Bookstore, we believe every firm should curate its shelves with texts that reflect its practice focus.
For Dispute Resolution Experts
Dispute resolution requires mastery of negotiation, arbitration, and litigation strategies. Practitioners benefit from books that combine practical guidance with theoretical depth. In this book bundle for Dispute Resolution and Litigation experts, we have over 27 books, essential titles include;
- Casebook on Criminal Law by A.M. Adewale
- Evidence Act 2011
- High Court Civil Procedure Rules
- Principles of Criminal Law
- Principles of Evidence by T. Akinola Aguda
- Criminal Law Annotated with Cases
- Introduction to Criminal Law by Chris Ugwueze
- Principles Governing Bail in Nigeria
- Human Rights and Enforcement of Criminal Law
- The Process and Practice of Dispute Resolution and Arbitration in Nigeria
- Alternative Dispute Resolution and Arbitration in Nigeria
- Legal Research and Writing in Nigeria
- Basic Concepts in Legal Research Methodology
- Casebook on Criminal Law
- Nigerian Criminal Law in Perspective –
- Practical Approach to Civil and Criminal Litigation in Nigeria
- Evidence Law Clinic
- Criminal Evidence in Nigeria
- How to Recover Properties of Dead Relations
- Introduction to Evidence Law in Nigeria
- Personal Injury Law
- Modern Customary Court in Nigeria
- Modern Law of Evidence and Appellate Practice in Nigeria
- Essays on Criminal Justice
- Criminal Investigation and Prosecution Proceedings
- Landlord and Tenants under Nigerian Laws
- Arbitration Law: Practice & Procedure
These resources equip dispute resolution lawyers with the tools to manage conflicts efficiently, whether in courtrooms or at the negotiation table. You can order this bundle of books here.
For Commercial Law Experts
Commercial law practitioners navigate contracts, corporate governance, and regulatory compliance. Their libraries should emphasize texts that provide clarity on transactional practice and business law. In this bundle for commercial law experts, the list of books includes;
- Commercial Law in Nigeria – Carriage of goods by sea
- Financial Regulation Act
- Explaining and Understanding Corporate Governance in Banks and other Financial Institutions
- Insurance Law in Nigeria
- Principles and Practice of the Law of Contract in Nigeria
- Vera’s Law of Contract
- Enforcement of Income Taxes
- Introduction to Company Laws and practice in Nigeria
- Company Law and practice in Nigeria
- Data protection Act
- Hire Purchase Act
- Investment & Securities Act
- Commercial Law in Nigeria: Sale of Goods
- Commercial Law in Nigeria: Hire Purchase and Equipment Leasing
- Business Law 1
- Business Law 2
- Company Regulations 2021
- Tax Laws in Nigeria
- Companies and Allied Matters Act
- Fundamentals of Maritime, Admiralty and International Water Law.
- Legal drafting, conveyancing law, Wills and practice
- Modern Approaches to Intellectual Property Law in Nigeria
- Practice and Recovery in Nigerian Law
- Public Procurement Law
- Tourism, Travels, Entertainment and Hospitality Law.
- Compendium Of Consumer Protection in Nigeria
These books help commercial law experts provide sound advice to businesses, investors, and corporate clients. You can also order this set of books here.
Why Your Library Matters
A law firm’s library is not just about prestige—it is about preparedness. Dispute resolution experts rely on authoritative texts to argue persuasively and settle disputes effectively. Commercial law experts depend on them to structure transactions and safeguard clients’ interests. By curating your library through Legalnaija Bookstore, you ensure access to resources that match your practice focus and elevate your firm’s intellectual capital.
Plus we deliver nationwide. For more information and enquiries, please call or text Legalnaija on 09029755663 or send an email to hello@legalnaija.com , you can also visit our bookstore on www.legalnaija.com/store
by Legalnaija | Jan 4, 2026 | Uncategorized
They do say the law is an ass, but should it be so?
Can a trial court judge rewrite the law on rape sentence?
This girl’s name was Iruoghene Ogodo, an 11-year-old, and the Appellant was Mr. Afor Lucky, on 7th April 2012 he sent her to buy ‘pure water’ (sachet water) for him, thereafter he lured her into his room and forcibly had sex with her. An innocent child; bleeding from a torn hymen and injured vaginal wall, as confirmed by PW3 (the chief medical officer). a girl at that age can’t, in our criminal corpus juris, give consent, as ordained in section 30 of the Criminal Code and a similar provision in section 39 of the Penal Code.
Mr Lucky was charged and arraigned at the Delta State High Court on one count charge of rape under section 358 of the criminal code Law of Delta state, 2006. He didn’t deem it appropriate to plead guilty in order to expedite the proceeding, perhaps he felt he could get away with it. So he pleaded not guilty of course, like almost every defendant, and even raised alibi (claiming he wasn’t even there on 7th April 2012). Prosecution called Four Witnesses proving forceful penetration; PW3 satured the Virginal wall injury, ruling out other causes like bicycle riding as sheepishly claimed by the defendant to be a cause among the causes of virginal injury, he counter called two witnesses to establish his innocence. At this point, some questions are certainly inevitable. Would a trial judge, faced with such barbaric evidence against an 11-year-old, impose 5 years imprisonment with hard labor OR N300,000 fine? A girl that in law cannot give consent?After plea of allocutus, can mitigation rewrite life imprisonment under section 358 to 5 years imprisonment?
This is what happened in the case of LUCKY V. STATE (2016) 13 NWLR (Pt. 1528) 128.
The Delta State High Court, found him guilty as charged. After the plea of allocutus seeking for mitigation of his sentence, he was consequently given a sham sentence of 5 years with hard labour or N300,000 fine instead of life imprisonment. And the question was: does the trial judge actually rewrite the law? Because section 358 of the Criminal Code Law of Delta State, 2006, under which he was charged, provides for life imprisonment. What was his plea of allocutus about to warrant such mitigation? And if they were so compelling, can it be just to the victim and even de jure for them to be considered in such a magnitude offense? After all, justice is a three-way traffic.
Surprisingly, Mr Lucky protested, he was unhappy with even that leniency, and appeal to court of Appeal on 17th November 2014, the appeal was dismissed. The learned wise men called it ridiculous, however, they said their hands were tied since state didn’t cross-appeal, as such can’t temper with the sentence. Supreme Court in 2016 also affirmed the conviction; lamented the ‘contumacious violation’ of law, but resisted tampering with the sentence since no appeal was made against it by the state. Justices like Ngwuta, Okoro, Galadima JCS called it mockery, attack on justice, yet law is an ass.
I have read the case before, when I wrote my article titled: ‘Is the plea of Allocutus a right or a privilege in Nigerian criminal proceedings?’ but not meticulously like this. Upon reading it again today, I am not in total agreement with the decisions of the Court of Appeal and Supreme Court that they can’t temper with the sentence in the absence of the appeal. Can they really not invoke powers under sections 16 & 22 Court of Appeal Act and Supreme Court Act respectively to correct the error? I read the case over and over, erudite justices in pain, quoting Nafiu Rabiu v. State, but where then did they get the restraint from?On rape punishment? Section 358 provides: ‘any person who commits the offence of rape is liable to IMPRISONMENT FOR LIFE.’ No discretion, no option of fine.The above provision is clear and unambiguous, life for rape. In this case, where then did the trial court get 5 years from? Of course, I am not unaware of the position that pursuant to section 311 of ACJA (2015) Judges are enjoined to consider mitigating factors while sentencing, but can the said power be exercised in the offense of this magnitude considering even the circumstances of this case? Or should we safely say courts upheld an ass?
In my humble view, both the Court of Appeal and Supreme Court could have invoked their general powers pursuant to sections 16 and 22 of the Court of Appeal Act and Supreme Court Act respectively to correct the error. The sections respectively give them jurisdiction of the court of first instance; that’s to act as if the case was initiated or prosecuted before them to correct or amend, inter alia, errors; specifically this case being errors of law, awherend any other order the lower court could have made. This enormous power was given judicial recognition and duly applied in the celebrated case of Inakoju v. Adeleke (2007) 4 NWLR (Pt. 1025) 427, per Niki Tobi, JSC( as he then was) who delivered the lead judgment,affirmed the act of the trial court in granting reliefs sought in the substantive matter even though those reliefs were not part of the grounds of appeal before the Court. The case reached the Court of Appeal by way of an interlocutory appeal, solely to determine whether the trial court had jurisdiction to entertain the matter. Upon resolving that issue in the affirmative, the Court of Appeal refused to remit the case back to the trial court and proceeded to determine the substantive suit, relying on section 16 of the Court of Appeal Act. This approach was endorsed by Niki Tobi, JSC, and the majority of the Justices of the Supreme Court, with the exception of Oguntade, JSC,(As he then was) who dissented.
For emphasis, section 16 of the Court of Appeal Act provides as follows:
‘The Court of Appeal may, from time to time, MAKE ANY ORDER NECESSARY FOR DETERMINING THE REAL QUESTION IN CONTROVERSY in the appeal, and may AMEND ANY DEFECT OR ERROR in the record of appeal, and may DIRECT the court below to inquire into and certify its findings on any question which the Court of Appeal thinks fit to determine before final judgment in the appeal and may MAKE AN INTERIM ORDER or grant any injunction which the court below is authorised to make or grant and may DIRECT ANY NECESSARY INQUIRIES or accounts to be made or taken and GENERALLY SHALL HAVE FULL JURISDICTION OVER THE WHOLE PROCEEDINGS AS IF THE PROCEEDINGS HAD BEEN INSTITUTED IN THE COURT OF APPEAL AS COURT OF FIRST INSTANCE and may RE-HEAR THE CASE in whole or in part or may REMIT it to the court below for the purpose of such re-hearing or may GIVE SUCH OTHER DIRECTIONS as to the manner in which the court below shall deal with the case in accordance with the powers of that court, or, in the case of an appeal from the court below in that court’s appellate jurisdiction, ORDER THE CASE TO BE RE-HEARD by a court of competent jurisdiction.’[Capitalizations mine,for emphasis]
Section 22 of the Supreme Court Act contains similar and equally expansive provisions, empowering the Supreme Court to exercise the jurisdiction of a court of first instance where justice so demands. So no harm will be done if I refuse to qoute it.
Hey, you, yes you!Hold back your dagger, I am merely saying this in the light of the wordings of the sections and the judicial pronouncement. I hope I am right. It wouldn’t be terrible even if I am wrong, but I believe the courts could have fallen back to the provisions to ensure the ungodly and ungrateful perpetrator of the heinous act faces the wrath of the law accordingly. And on that; I say no more.
Isah Bala Garba is a level 300 student from Faculty of Law, Bayero University, Kano. He can be reached for comments or corrections on: LinkedIn: https://www.linkedin.com/in/isah-bala-garba-301983276 Facebook: https://www.facebook.com/isah.bala.garba
isahbalagarba05@gmail.com or on 08100129131
by Legalnaija | Jan 4, 2026 | Blawg
As lawyers across Nigeria prepare to return to work on Monday, 5th January, the start of a new year is always a good time to reflect on how we can remain relevant in a rapidly evolving legal landscape. The profession is changing — technology, client expectations, and global trends are reshaping the way we practice. Staying ahead requires intentional effort.
Here are 7 things lawyers should focus on in 2026:
- Embrace Legal Tech
Digital tools are no longer optional. From e-filing systems to AI-assisted research, lawyers who leverage technology will deliver faster and more efficient services.
- Sharpen Commercial Awareness
Clients expect lawyers to understand not just the law, but the business context. Stay informed about industry trends, economic policies, and market shifts.
- Invest in Continuous Learning
Laws evolve, and so must we. Attend trainings, webinars, and conferences. Platforms like Legalnaija provide resources that keep you updated on Nigerian legal developments.
- Build a Strong Online Presence
Thought leadership matters. Share insights on LinkedIn, publish articles, and engage in online discussions. Visibility builds credibility.
- Prioritize Client-Centric Practice
Beyond technical expertise, clients value responsiveness, empathy, and clear communication. Make client satisfaction a cornerstone of your practice.
- Network Strategically
Relationships remain the lifeblood of the profession. Connect with peers, mentors, and industry leaders. Collaborations often open doors to new opportunities.
- Adapt to Global Standards
Nigerian lawyers increasingly operate in a globalized market. Familiarize yourself with international best practices, cross-border transactions, and comparative legal systems.
2026 will reward lawyers who are proactive, adaptable, and innovative. By embracing these strategies, you can position yourself not just to survive, but to thrive in the evolving legal profession.
For more insights and resources tailored to Nigerian lawyers, follow Legalnaija — your trusted companion for staying informed and relevant in today’s legal world.
by Legalnaija | Jan 2, 2026 | Blawg

Hello Legalnaija Family,
Getting a message from a potential client through the Legalnaija Directory is always exciting — but how you respond can make all the difference between a one‑off chat and a lasting relationship. Here are some simple but powerful tips to keep in mind:
Best Ways To Respond To Client Inquiries
- Reply quickly: A prompt response shows professionalism and builds trust. Even if you don’t have all the answers yet, acknowledge the inquiry.
- Be clear and concise: Clients appreciate straightforward communication. Avoid too much jargon — explain things in plain language.
- Show empathy: Remember, most people reach out because they have a pressing issue. A little understanding goes a long way.
- Offer value upfront: Share a quick insight, a next step, or a resource. It positions you as helpful and knowledgeable.
- Set expectations: Let them know what happens next — whether it’s a consultation, a document review, or a follow‑up call.
- Stay professional: Keep your tone warm but professional. You’re building trust from the very first message.
Bonus Tip
Always end your response with an invitation to continue the conversation — e.g., “Would you like us to schedule a quick call to discuss this further?” That small nudge can turn an inquiry into a real engagement.
At Legalnaija, we want every inquiry to be an opportunity for you to shine. The more responsive and approachable you are, the more likely clients are to choose you over someone else.
Keep building those connections, and let’s keep raising the bar for legal practice in Nigeria.
Warm regards,
The Legalnaija Team
by Legalnaija | Dec 26, 2025 | Blawg, Directory
🎉 Holiday Gift to Lawyers: Free 1-Year Subscription to the Legalnaija Director
The holiday season is here, and Legalnaija is spreading cheer in the legal community with an exciting announcement! For a limited time, Lawyers and Law Firms can subscribe to the Legalnaija Directory absolutely FREE for one year.
Why Join the Legalnaija Directory?
At Legalnaija, our mission is simple yet powerful:
– We believe every citizen should be able to easily find and connect with qualified lawyers and legal services.
– By bridging the gap between citizens and legal practitioners, we strengthen trust in the justice system and uphold the rule of law.
– The Directory is a platform where lawyers and law firms can showcase their expertise, practice areas, and contact information to thousands of potential clients.
The Holiday Offer
– Free 1-Year Subscription: No fees, no hidden charges—just a full year of visibility and connection.
– Exclusive to the Holidays: This special offer is available only during the festive season.
Benefits of Being Listed
– Reach new clients searching for legal help.
– Enhance your professional visibility online.
– Be part of a trusted platform dedicated to legal education and access to justice.
How to Get Started
Subscribing is quick and easy. Visit the directory here www.legalnaija.com
If you encounter any issues or have questions, simply send us an email at hello@legalnaija.com and our team will be happy to assist.
Legalnaija Team
by Legalnaija | Dec 19, 2025 | Blawg
The Legalnaija Directory is more than just a list of names—it’s a bridge to trusted legal professionals across Nigeria. Whether you’re seeking advice on property transactions, corporate matters, or family issues, knowing how to connect and engage with lawyers effectively can make all the difference. Here’s a practical guide to help you navigate the platform and build meaningful professional relationships.
- Search Smart
The directory allows you to filter lawyers by practice area. Instead of scrolling endlessly, use these filters to zero in on professionals who specialize in your specific legal needs. This saves time and ensures you’re reaching the right person.
- Review Profiles Thoroughly
Each lawyer’s profile contains valuable information about their expertise, experience, and contact details. Take the time to read carefully before reaching out. Tailoring your message to their specialization shows respect and increases the likelihood of a positive response.
- Craft a Clear Introduction
When contacting a lawyer, introduce yourself properly. Briefly explain your legal issue and mention why you chose them. A concise, respectful message sets the tone for a productive conversation.
- Engage Professionally
Lawyers appreciate clarity. Avoid vague requests like “I need help.” Instead, outline your situation, your goals, and any deadlines. Professional communication builds trust and demonstrates seriousness.
- Schedule Consultations
Most lawyers prefer structured conversations. Politely ask about consultation availability and fees. Respecting their time shows you value their expertise and helps establish a professional relationship from the start.
- Prepare Beforehand
Before your consultation, gather all relevant documents, questions, and timelines. Being prepared makes the session more productive and signals that you are committed to resolving your issue.
- Follow Up Respectfully
If you don’t get a reply immediately, wait a few days before sending a polite reminder. Persistence is good, but professionalism is better. Avoid spamming or pressuring—lawyers are more likely to respond positively to courteous follow-ups.
- Build Long-Term Relationships
Don’t only reach out when you’re in trouble. Engage lawyers for insights, updates, or preventive advice. Building rapport today can save you stress tomorrow and ensures you have trusted professionals in your corner.
The Legalnaija Directory is designed to make connecting with lawyers simple and effective. By searching smart, communicating clearly, and engaging professionally, you can find the right lawyer for your journey and build lasting relationships that support your legal needs.
@Legalnaija
by Legalnaija | Dec 18, 2025 | Blawg
Legalnaija has officially announced that its flagship Lawyers Directory will now be free for all Nigerian lawyers and law firms. This landmark decision follows more than four years of building and sustaining the platform, which has grown to become one of the most visible online resources for connecting lawyers with clients in Nigeria.
A Platform Built for Accessibility
Launched over four years ago, the Legalnaija Lawyers Directory was designed to make lawyers more accessible, visible, and connected to clients. Today, the directory ranks at the top of Google search results for lawyers in Nigeria — a clear testament to its impact and reach.
By removing subscription barriers, Legalnaija is reaffirming its commitment to promoting access to justice and strengthening the Rule of Law through technology.
Effective immediately, lawyers and law firms can access the basic subscription to the Lawyers Directory completely free of charge.
Legalnaija invites lawyers across Nigeria to take advantage of this opportunity, get listed, and be part of a growing digital community that is reshaping access to justice. With over four years of resilience, growth, and innovation, the Lawyers Directory is set to continue empowering lawyers and clients alike for decades to come.
by Legalnaija | Dec 8, 2025 | Blawg
This Christmas, Gift Knowledge 📚⚖️
Looking for the perfect gift for your favorite lawyer, mentor, colleague, or even yourself?
🎁 Introducing the Legal Book Hamper — a curated basket of essential Nigerian law books covering everything from Commercial Law to Maritime Law, Tax, Procurement, and more.
Because nothing says “I value your mind” like a bundle of wisdom.
✅ Perfect for:
– Young and senior lawyers
– Law students
– Legal mentors
– Corporate counsel
Let’s make this season about growth, learning, and celebrating the brilliance of the legal profession.
Hampers available in 2 bundles:
✨ Dispute Resolution Expert Hamper https://legalnaija.com/product/litigation-and-adr-expert-bundle/
✨ Corporate Law Expert Hamper https://legalnaija.com/product/business-law-bundle/
📍 Order now from the Legalnaija Bookstore
📞 Call: 09029755663
🛒 Shop: Legalnaija.com/store