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WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY.  LEGAL NUGGETS⚖️  CERTIORARI     Certiorari is a Latin word meaning " to be informed of" . A proceeding by writ of certiorari is a special proceeding by which a superior or appellate court requires some inferior tribunal, board, judicial officer or government agency to transmit the record of its proceedings for judicial review.       By denying such a writ, the court is saying it will let the lower court decision stand, particularly if it conforms to accepted precedents (previously decided cases).      In the case of Pharmaceutical Society Of Nigeria (PSN ) V. The President , it was argued that the Writ of Certiorari is one of the instruments of judicial control of administrative action and it will apply where an administrative body purports to usurp judicial functions.   FROM THE OFFICE OF THE DIRECTOR OF LITIGATION AND RESEARCH

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY.  LEGAL NUGGETS⚖️  FORCE MAJEURE   KEY TAKEAWAYS • force majeure is a clause that is included in contracts to remove liability for natural and unavoidable catastrophes. It also encompasses human actions, such as armed conflict. • questions about what is and is not "foreseeable" in a legal sense have been raised given the increased awareness of pandemics, asteroids, super-volcanoes, cyber threats, and nuclear warfare.  • the law applies three tests for whether a force majeure defense is applicable— the event must be unforeseeable, external, and irresistible. FROM THE OFFICE OF THE DIRECTOR OF LITIGATION AND RESEARCH

WEEKLY LEGAL NUGGETS

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY.  LEGAL NUGGETS⚖️  NOLLE PROSEQUI ¶ A Nolle Prosequi (or Nolle Pros) is a form of dismissal of a criminal charge. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered.  ¶ The entry of a Nolle Prosequi is an admission that the charges cannot be proved or that evidence has demonstrated either innocence of the accused or a fatal flaw in the prosecution's claim. It is not an acquittal, which prevents further proceedings against the defendant for the conduct in question. ¶ If a charge against an accused has been resolved by a nolle prosequi, then the charge is considered dismissed unless or until a prosecutor brings a direct indictment.   FROM THE OFFICE OF THE DIRECTOR OF LITIGATION AND RESEARCH