Justice Chambers

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY CLEMENCY Clemency pronounced as /ˈklɛmənsi/ literally means mercy or lenience. Clemency is a mechanism for granting a person convicted of a criminal offense relief from a court-ordered sentence or punitive measure. There are two main methods through which clemency can be given— pardon or commutation of sentence.   Clemency is defined as leniency granted for a crime. It is a general term used for the act of reducing the penalties of a crime, similar to a commutation (commuting a sentence means substituting it for a lesser sentence).  It does not necessarily mean that the crime gets overlooked or forgotten. But, in a sense it means the state forgives the crime. A pardon may be full, limited or conditional.          Clemency is commonly called Executive pardon, but it is only just one of its forms. If you receive a pardon, you are always receiving clemency, but if you receive ...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY EX PARTE Ex parte in Latin literally means 'On one side only', that is Done by, for, or on the application of one party alone.  It is a Latin term that is gotten from the phrase from “one side to a dispute”. Ex parte is a legal term that is used to describe a court proceeding where only one party is present. In legal ethics, ex parte refers to improper contact with a party or a judge. Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party's lawyer also being present.  A breach of these rules is referred to as improper ex parte contact. In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.    There is Ex parte m...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY PROVOCATION IN NIGERIAN CRIMINAL LAW Black's Law Dictionary defines provocation as ” Such conduct or actions on the part of one person towards another as tend to arouse rage, resentment or fury in the latter against the former,”.   Provocation is one of the defences that may be raised in a criminal trial, It is a defence often raised by the accused person when charged with murder. The Supreme Court in the case of Obaji v State held that section 318 of the Criminal Code Act should be read alongside with section 283 of the Criminal Code Act which says not every provocation will cause an individual to lose self-control and take their life The defence of provocation is a partial defence to assault and homicide and the plea of provocation is founded on loss of both self-control actual and reasonable and is found in Section 318 of the Criminal Code. The defence of provocation has been described as “the partial mit...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY TREATMENT OF ANIMALS DURING EID Eid-ul-Adha invites every Muslim to reflect upon the true sacrifice which makes one the recipient of Almighty’s blessings reminding us that those who annihilate themselves for Almighty Allah are the ones who attain eternal life.  It is vital that instead of focusing on the physical aspect of the sacrifice on Eid, Muslims ought to focus on the true spirit of the sacrifice so that it helps Islam and the Light of God Almighty spreads on the earth.   Allah the Almighty states that ‘their flesh reaches not Allah nor does their blood, but it is your righteousness that reaches Him.' In Shari'ah, contrary to what many believe, the essence of the very idea behind the udhiyah is not to partake in a sacrificial offering in remembrance of the Prophet Ibraham’s sacrifice of a sheep instead of his son. There are several suppressed and forgotten meanings in the whole logic of the udhiyah...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY HAPPY EID-UL-ADHA We are currently celebrating the second and most significant festival in the Islamic calendar. Once more, we reflect on the life of the prophet Ibrahim and his relationship with Allah. We are observing Eid-Ul-Adha in this period. But what exactly is its significance? Why is Eid ul-Adha Important? One of the most significant holidays in the Muslim calendar is Eid ul-Adha, which is observed as a public holiday in Nigeria and most other nations. This Islamic holiday commemorates the Prophet Ibrahim's willingness to sacrifice his son when asked to do so by Allah. Allah substituted a Ram for the son at the time of sacrifice to spare him from dying.  This offering served as a test of Prophet Ibrahim's devotion and commitment to obey Allah without hesitation. Eid-ul-Adha, then, refers to the holiday of sacrifice. Consider the blessings of the last year as you spend time with loved ones, friends, and those in ne...

RADIANT JUSTICE CHAMBERS, FACULTY OF LAW, OBAFEMI AWOLOWO UNIVERSITY Call for Essay Submission We invite interested current students of Obafemi Awolowo University, Ile-Ife, Nigeria to submit an essay on ' Nigeria: Nation as Idea'. The essay should explore imaginaries of Nigeria and the important ways in which these imaginaries shape political life. This is a first level entry, and our expectation is that in 500 words, submissions will provide a summary of how they would approach a longer essay on the subject. The top ten entries will be invited to submit full essays of 3000 words.  Eligibility   A student of Obafemi Awolowo University. Awards The top 3 entries will each receive a commemorative certificate, career mentorship and support, as well as a cash prize as follows Best Entry: N100,000 Second Best Entry: N50,000 Third Best Entry: N30,000 Submission Guidelines: 1. Fill in submission form here .  2. An essay of not more than 500 words 3. Entries are open for submissi...

ASUU The Radiant Justice Chambers  in a bid to upholding our being morally upright, academically sound and being committed to raising future lawyers who are sound both in the theory and procedural aspect of law as included in our chambers creed, despite the frustrating ASUU strike, and to make sure that members of our chambers are gainfully occupied during the period of the strike, we had members of the Radiant Justice Chambers, OAU, intern in OSUYA AND OSUYA LAW FIRM Abuja, where they had amazing experiences. The internship lasted for 1 month but the knowledge impacted would definitely last a life time. It was a fun, educating and inspiring experience and we are grateful to OSUYA AND OSUYA LAW FIRM. Here’s a report of Justician Kolawole Amuda, who was part of the interns:

 THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY PERSONAL RIGHT OF ACTION This principle is enshrined in the Latin legal maxim Actio Personalis Moritur Cum Persona. Its literal meaning is "a personal right of action dies with the person". In other words, if a person dies then the right to sue is gone. It is a common law rule which states that ‘if an injury were done either to the person or to the property of another for which damages only could be recovered in satisfaction i.e personally, the action dies with the person to whom or by whom the wrong was done.  The basis of this principle is that it will be very absurd for an action to be instituted against a deceased. It has always been a matter of common sense that an action by a plaintiff is always instituted against a living person or a legal persona so a judgment obtained against or in favour of a dead person is a nullity and cannot bind the deceased nor his personal representatives. Activities of tort or agreemen...