Justice Chambers

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS  Lex Non Cogit ad impossibilia  ¶ This is an age-long maxim. Literally, it means, "the law does not compel a man to do that which he cannot possibly perform" ¶ Where the law establishes a duty or charge and the party is unable to perform it, without any default on his part and has no remedy over it, the law is bound to excuse him.  ¶ Circumstances that is taken as a valid excuse include an act of God or a natural calamity.   ¶ In contractual law, where a party is unable to fulfill his contractual obligations due to impossibilities he has no control over, the principle of impotentia excusat legeme would come to his rescue.   ¶ This maxim has reiterated in a plethora of cases. (Attorney General of Lagos state vs Ali Hassan 2013). FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS BONA VACANTIA  Bona vacantia property, which remains unclaimed after a certain period of time, sometimes reverts to government ownership. In other cases, the government is obliged to serve as custodian for bona vacantia property into perpetuity. The concept of bona vacantia has its origins in English common law. Common situations where property can become abandoned are when a person dies with no known heirs or next of kin; when a business or unincorporated association is dissolved the assets thereof are not distributed appropriately; in some cases, when a trust fails; or when the property owner leaves a jurisdiction without leaving any contact information. FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️.  LEGAL NUGGETS  PERJURY  ¶ Judges often base their verdicts, sentences, or other important decisions on sworn testimony and signed documents. Statements given under oath and certain legal documents are presumed to be truthful, or at least made in good faith.  ¶ To “perjure” oneself is to knowingly make misleading or false statements under oath or to sign a legal document you know to be false or misleading.   ¶ Under the Nigerian law, perjury is punishable by 14 years according to section 118 of the criminal code. In another case, the offender could be liable to an imprisonment for life if the perjury leads to the conviction of another for an offense punishable by death or imprisonment for life.    FROM THE DIRECTORATE OF LITIGATION AND RESEARCH.

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY⚖️   LEGAL NUGGETS   AUTOMATISM   Automatism can be seen variously as lack of voluntariness, lack of culpability or excuse. It means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. The defence of automatism is denying that the person was acting in the sense that the criminal law demands. As such it is really a denial-of-proof – the defendant is asserting that the offence is not made out. The prosecution does not have to disprove the defence as is sometimes erroneously reported; the prosecution has to prove all the elements of the offence including the voluntary act requirement. Automatism is a defence even against strict liability crimes like dangerous driving, where no intent is necessary. There are several limitations to the defence of automatism in English law. Prior fault, intoxication generally excludes automatism, even whe...

RADIANT JUSTICE CHAMBERS ANNOUNCES WINNERS OF GEORGE AKINYEMI IWILADE AFRIKA ESSAY COMPETITION.  A student organisation in the Faculty of Law, Obafemi Awolowo, Radiant Justice Chambers has announced winners of its George Iwilade Afrika Essay Competition.  The competition which was organised to commemorate the remembrance of George Akinyemi Iwilade, who was killed on the 10th of July, 1999 by cultists was sponsored by the Iwilade Family. A total of 88 entries were received and the winners are;  Ayobami Andrew - 1st position, Chijioke Ucheakonam - 2nd Position, Morenikeji Adebimpe - 3rd position. The Chief Scribe, Odediran Anointed while making the announcement on behalf of the chambers said, "the numbers of entries received shows that students are still interested in nation building and scholarship as Afrika stood for. They have heard the tales of the heroic deeds of Afrika and they have been inspired to play their part in making the nation great. The three ...