Garnishee proceedings is one of the ways of enforcing money judgments in Nigeria. The nature of the garnishee proceedings is as prescribed in Section 83 to 92 of the Sheriffs and Civil Process Act.  The procedure allows the judgment creditor to reap the fruits of the judgment by recovering debts owed by third parties to the judgment debtor. The garnishees are in some cases banks and the debts are usually the monies in the account of the judgment debtor domiciled in the banks. Although garnishee proceedings are usually an offshoot of judgments, the proceedings are in a class of its own. A garnishee proceedings is instituted by a person who has obtained judgment in its favour. The essence of the proceedings is to ask the court to compel a third party in possession of funds belonging to the judgment debtor to give up such funds to the person who has obtained the judgment, that is, the judgment creditor.

Parties to Garnishee Proceedings

  1. The Judgment Creditor: This is the party who has emerged victorious in a case and has obtained the judgment of court in that regard. The judgment creditor is usually the successful litigant who has now instituted garnishee proceedings to reap the fruits of the judgment.
  • The Judgment Debtor: The Judgment Debtor is the unsuccessful party at the end of a litigation. It is the party against whom judgment has been delivered. By reason of the judgment against him, he is indebted to the judgment creditor.
  • The Garnishee: This is the third party who is in possession of funds belonging to the judgment debtor. Typically, garnishees are banks. However, garnishees can be employees, employers etc. The important factor that qualifies an individual or organization to be a garnishee is that individual’s or organization’s possession of funds belonging to the judgment debtor.

Procedure for Garnishee Proceedings in Nigeria

Step 1:

Obtain a judgment of court: Garnishee proceedings are predicated on a judgment of court. Thus, the judgment creditor will need to obtain the Certified True Copy (CTC) of the judgment. The CTC will be relevant for the next procedural step.

Step 2:

Prepare and file an application to the court for the grant of a Garnishee Order Nisi. The application is usually a motion ex parte with a supporting affidavit. The CTC of the judgment has to be attached to the supporting affidavit as an exhibit. If the rules of court of your state of jurisdiction requires, you can accompany the motion with a written address.

Step 3:

Appear in court on the stipulated date and move your application.  Once the court is satisfied with the facts supporting your application, the Garnishee Order Nisi will be granted.

Step 4:

Once the Order Nisi is made, approach the registrar of court to draw up the order for service on the garnishees. Obtain the enrolled order and effect service of the same on the garnishees and the judgment debtor. Once the garnishees are served with the order, they will appear, as mandated by the order, to explain why the order should not be made absolute against them. They would do that by filing what is called an “Affidavit to Show Cause”.

Step 5:

On the next adjourned date, the Garnishees will appear in court to show cause. The Judgment Creditor’s lawyer will apply to the court to discharge the garnishees who have shown that they are not in possession of the judgment debtor’s funds. It is usually an oral application. Then, the lawyer can proceed to orally apply to the court to make the Garnishee Order Absolute against the garnishees who have disclosed being in possession of the judgment debtor’s funds. The Order Absolute directs the garnishees to pay the money belonging to the judgment debtor to the judgment creditor.

Step 6: Draft a demand letter and attach the enrolled order Absolute. Dispatch the demand letter and its attachment to the garnishees.

Written by Queen Charles Ukpo ESQ

Garnishee proceedings is one of the ways of enforcing money judgments in Nigeria. The nature of the garnishee proceedings is as prescribed in Section 83 to 92 of the Sheriffs and Civil Process Act.  The procedure allows the judgment creditor to reap the fruits of the judgment by recovering debts owed by third parties to the judgment debtor. The garnishees

Introduction

This article will not and does not address the mechanics and intricacies of preparing briefs of argument which is actually very different from preparing a final written address. For an exposition on how to write briefs of argument, this piece on Nigerian guru website is most apposite. Also, a number of other reading resources are mentioned at the end of this piece.

The narration below is to act as a mere guide to Counsel and might need some adjustment to suit the peculiar situation of the specific appeal concerned.

Making Oral Submissions on the Day of Hearing of the Appeal

When representing the Appellant (Appellant’s Oral adoption of brief of argument)

My Lords, this is an appeal against the judgment of Okeke J. delivered on the 5th of July 2022. The judgment can be found at page 364 of the record of appeal. The Appellant’s notice of appeal was filed on the 8th of July 2022 and can be found at pages 366 to 367 of the record of appeal.

By leave of Court granted on the 5th of January 2023, the Appellant filed an amended notice of appeal. The amended notice of appeal was filed on the 12th of January 2023. The Appellant’s brief was filed on the 15th of January 2023 but deemed properly filed on the 17 of February 2023. We respectfully adopt same (Adumbrate if permitted by the Justices of the Court or if necessary, at all).

The Appellant also filed an appellant’s reply brief and it was deemed properly filed today. We also adopt same. In reliance on both briefs, we urge this Court to allow the appeal.

Respondent’s Oral Adoption of Brief of Argument

My Lords, we have a notice of preliminary objection filed on the 18th of February 2023. We argued the preliminary objection at pages 2 to 8 of the Respondent’s brief of argument.

Consequent upon our arguments in the preliminary objection, we urge this Court to dismiss the Appellant’s appeal in its entirety.

In response to the Appellant’s substantive appeal and issues, we canvassed arguments at pages 9 to 14 of our Respondent’s brief. We adopt our arguments contained in the said brief filed on the ___________. We urge this Court to dismiss the appeal of the Appellant and uphold the judgment of the lower Court.

Additional Resources

PRAGMATIC PRINCIPLES OF BRIEF WRITING IN APPELLATE COURTS IN NIGERIA

Introduction This article will not and does not address the mechanics and intricacies of preparing briefs of argument which is actually very different from preparing a final written address. For an exposition on how to write briefs of argument, this piece on Nigerian guru website is most apposite. Also, a number of other reading resources are mentioned at the end

What is Jurisdiction?

UKUT & ORS v. APC & ORS (2019) LPELR-47203(CA)

“By way of prefatory remarks, jurisdiction, a mantra in adjudication, connotes the authority/power of a Court to determine a dispute submitted to it by contending parties in any proceeding, see Ajomole v. Yaduat (No. 1) (1991) 5 SCNJ 172; Mobil Pro. Co. Unltd. v. LASEPA (2002) 18 NWLR (Pt.798) 1; Ndaeyo v. Ogunnaya (1977) 1 IMSLR 300; Ebhodaghe v. Okoye (2004) 18 NWLR (Pt. 905) 472; Garba v. Mohammed (2016) 16 NWLR (Pt. 1537) 144; A.-G., Kwara State v. Adeyemo (2017)1 NWLR (Pt. 1546) 210; Isah v. INEC (2016) 18 NWLR (Pt. 1544) 175; Angadi v. PDP (2018) 15 NWLR (Pt. 1641) 1.” Per OBANDE FESTUS OGBUINYA, JCA (Pp 10 – 11 Paras D – A)

ZURU v. FAKAI (2021) LPELR-55015(CA)

“A question that must be answered is: what is jurisdiction in law and what are its ingredients? In the case of SHITTA-BEY VS. ATTORNEY-GENERAL, FEDERATION (1998) 10 NWLR (PT. 570) PAGE 392, jurisdiction was defined as follows: “it is the authority a Court of law has to entertain and decide a matter brought before it by litigants. It embraces every kind of judicial action be it criminal, civil and what nots. It is the power of Court to decide a matter in controversy and it presupposes the existence of a duly constituted Court with control over the subject matter and the parties.” ?While the ingredients of jurisdiction exist where: (a) The subject matter of the case is within the jurisdiction of the Court and there is no feature in the case which prevents the Court from exercising its jurisdiction. (b) The Court is properly constituted as regards members and their requisite qualification and no member is disqualified for one reason or the other; and (c) The case is initiated by due process of law and upon fulfillment of any condition precedent to the exercise of jurisdiction. See the cases of MADUKOLU VS. NKEMDILIM (1962) 2 SCNLR 341; SKENCONSULT (NIG) LTD VS. UKEY (1981) 1 SC 6; ISHOLA VS. AJIBOYE (1994) 6 NWLR (PT. 352) PAGE 506; WESTERN STEEL WORKS LTD VS. IRON AND STEEL WORKERS UNION (1986) 3 NWLR (PT. 30) PAGE 617 and ODOFIN VS. AGU (1992) 3 NWLR (PT. 229) PAGE 350.” Per MOHAMMED BABA IDRIS, JCA (Pp 8 – 9 Paras B – C)

EGBELE v. POSTMASTER GENERAL (2010) LPELR-4362(CA)

“What determines jurisdiction is simply the enabling law on jurisdiction and the reliefs sought for in the suit. If the relief is within the Court’s jurisdiction and the enabling law confers on the Court jurisdiction on the matter the Court must assume jurisdiction, otherwise it lacks jurisdiction in the matter.” Per HUSSEIN MUKHTAR, JCA (Pp 13 – 13 Paras E – F)

Why is Jurisdiction Important and the effect of the Lack of Jurisdiction on proceedings before the Court?

NUNGWA v. BOKO & ORS (2019) LPELR-48194(CA)

“…the issue of jurisdiction is fundamental as it touches on the competence of the Court to entertain any process, be it an application or an appeal, filed before the Court, Jurisdiction is a threshold issue and the livewire for any determination. It is the power of the Court to hear and determine the subject matter in controversy between the parties. see Ogumka V CAC (2010) LPELR-4891(CA). The jurisdiction of a Court means the limits which are imposed upon the power of a Court to hear and determine issues between persons seeking to avail themselves of its process by reference to the following factors: (1) The subject matter of the issue; or (2) The persons between whom the issue is joined; or (3) The nature of relief sought; or (4) A combination of these factors. Thus, jurisdiction embraces the settled practice of the Court as to the way in which it will exercise its power to hear and determine issues which fall within its purview; or as to the circumstances in which it will grant a particular kind of relief which it has power to grant; including its settled practice to refuse to exercise such powers or to grant such relief in particular circumstances. See Orubu V NEC (1988) NEC (12 SC (Pt. III) 1; Aladetan V Wole (2010) LPELR-3699(CA) 14.” Per JUMMAI HANNATU SANKEY, JCA (Pp 27 – 28 Paras B – B)

REGISTERED TRUSTEES OF IMPORTERS ASSOCIATION OF NIGERIA & ORS v. OKEREKE (2019) LPELR-46967(CA)

“The importance of jurisdiction in every case before the Court cannot be over-emphasized. The importance of jurisdiction is the reason why it can be raised in Court at any stage of the case. See Petrojessica Ent. Ltd & Anor v. Leventis Technical Co. Ltd (1992): 5 NWLR (Pt. 244) 675; Adegoke v. Adibi (1992) 5 NWLR (Pt. 242) 410; Utih & Ors v. Onoyivwe & Ors (1991) 1 NWLR (Pt. 166) 166. The issue of jurisdiction is so important that where in fact the Court has no jurisdiction with respect to a matter before it, the active support or ignorance or silence of the parties to that fact cannot vest the Court with the requisite jurisdiction which is the essential pre-condition to the exercise of judicial powers. See Ijebu-Ode LG. v. Adedeji (1991) 1 NWLR (Pt. 166) 136.” Per STEPHEN JONAH ADAH, JCA (Pp 9 – 9 Paras B – E).

MOHAMMED & ORS v. ABDULLAHI (2022) LPELR-58052(CA)

“a Court has no powers to adjudicate over a matter if it lacks jurisdiction and if the Court decides to go ahead, all the proceedings and decision of the Court will amount to a nullity. See Hameed Toriola & Anor vs Mrs. Olushola Williams (1982) 7 S.C. 27. In Buremoh vs Akande (2017) LPELR-41565 (SC), the apex Court held: “…The settled position of the law is that the issue of Jurisdiction, being so fundamental to the Court’s power to adjudicate, can be raised at any stage of the proceedings, even before this Court. It can be raised orally. It can also be raised suo motu by the Court. This is because, no matter how well the proceedings are conducted or how erudite the judgment arising therefrom, it all amounts to a nullity where the Court lacks jurisdiction. See Madukolu Vs Nkemdilim (1962) 1 ALL NLR 587; Nnakwe Vs The State (2013) 7 SCNJ 179; Oloriegbe Vs Omotosho (1993) 1 SCNJ 30.” This Court and the apex Court in a number of cases stated the importance of jurisdiction in a case. On the importance of jurisdiction, this Court has had course to make a pronouncement in the case Aladesanmi & Ors vs Holden properties (Nig) Ltd (2018) LPELR-49357 in these words: “The subject of jurisdiction is a serious one and indeed it is the life wire of any proceeding. A Court that adjudicates on a matter it has no jurisdiction would have wasted its time, that of the litigants, the Court staff and indeed material, human and financial resources. This is because it is trite that any decision reached by a Court over a matter it has no jurisdiction will amount to nullity. It is as wasteful as a journey without destination or a journey into an endless or bottomless pit. See CHIEF OF AIR STAFF & ORS VS. IYEN (2005) 1 SC (PT II) 123, UYAEMENAH NWORA & ORS VS NWEKE NWABUEZE NSCQR 46 2011 PAGE 409. This is a journey of a beginning without an ending. No Court and indeed no human being should want to venture into such a journey which is not only tasking but fruitless. The question is, did the lower Court engage in such a journey? In answering that question, it will not be out of place to know what jurisdiction means and what confers jurisdiction on a Court. Jurisdiction is the power of a Court to adjudicate on a matter. This is what gives the Court power to welcome a litigant. This is the strength that a Court has to deal with matters brought before it. This is conferred mainly by statute. The matters that a Court can handle are what the jurisdiction of the Court is all about. Clearly, in Nigeria it is not every Court that has jurisdiction to handle all cases, the statute can confer jurisdiction to handle all cases. The statute can confer jurisdiction on a Court. See A.G. LAGOS VS. DOSUNMU (1989) 6 SC (PT 2) 1.” Jurisdiction is as important to a Court, just as water is important to fish and breath is to human beings. Jurisdiction is like water to fish and breath to a human being. Without water, fish cannot survive just as human beings cannot survive without breath. The power of a Court without jurisdiction is like a toothless bulldog or a king without a kingdom. It is jurisdiction that activates the judicial powers of a Court.” Per EBIOWEI TOBI, JCA (Pp 27 – 29 Paras A – F).

ADETAYO & ORS v. ADEMOLA & ORS (2010) LPELR-155(SC)

“Therefore, when a Court lacks jurisdiction, it lacks the necessary competence to try the case. This is because, a defect in competence, is fatal as the proceedings, are null and void ab initio. See the case of Ogigie & 3 ors. v. Obivan (1997) 10 SCNJ 1 citing the cases of Alhaji Tukur v. Government of Gongola State (1989) 4 NWLR (Pt.1l7) 513 ; (1989) 9 SCNJ. 1: Salati v. Shehu (1986) 1 NWLR (Pt.15) 198; Alade v. Alemuloke & 2 ors.(1988) 1 NWLR (Pt.69) 201 @ 204 ; (1988) 2 SCNJ 1 ; Chief Oloba v. Akereja (1988) NWLR (Pt.84) 508 @ 510; (1988) 7 SCNJ 56.” Per IKECHI FRANCIS OGBUAGU, JSC (Pp 28 – 28 Paras A – C)

APC & ORS v. ENUGU STATE INDEPENDENT ELECTORAL COMMISSION & ORS (2021) LPELR-55337(SC)

“Where the Court lacks jurisdiction to entertain a cause or matter, any step taken in the proceedings amounts to an exercise in futility. It is null and void. See Madukolu Vs Nkemdilim (1962) 1 ALL NLR 387 @ 594, Utih vs Onoyivwe (supra): IDISI vs Ecodril Nig. Ltd. & Ors (2016) ALL FWLR (Pt. 850) 1016: Gwede vs INEC & Ors. (2014) 18 NWLR (Pt. 1438) 56.” Per KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Pp 34 – 34 Paras B – D)

Conditions that Must be met before a Court has jurisdiction.

ADETOYINBO & ORS v. PRESIDENT & OTHER MEMBERS OF WAKAJAYE GRADE C CUSTOMARY COURT, WAKAJAYE, IBADAN & ORS (2015) LPELR-41714(CA)

“The issue of jurisdiction is very important in adjudication and the term has been variously described by jurists as the life blood of any adjudication. See Katto v. CBN (1991) 11-12 SC 176. The general principle of law is that before a Court can be said to be competent or claim to have jurisdiction in respect of any matter – (a) It must be properly constituted with respect to the number and qualification of its members (b) The subject matter of the action must be within its jurisdiction. (c) The action is initiated by due process of law and (d) Any condition preceded to the exercise of its jurisdiction must have been fulfilled. (The underline is mine) See the cases of Madukolu v. Nkemdilim (1962) 1 ALL NLR 587, Dangana & Anor. v. Usman & 4 Ors (2012) 25 C (pt. 111) 103 and N.U.R.T.W. & Anor. v. R.T.E.A.N. & 5 Ors (2012) 1 SC (pt.11) 119.” Per MUDASHIRU NASIRU ONIYANGI, JCA (Pp 20 – 21 Paras D – B)

NNAKWE v. STATE (2013) LPELR-20941(SC)

“The competence of a Court to adjudicate on any matter had long been laid to rest in the locus classicus case of Madukolu V. Nkemdilim supra wherein Bairamian, F.J made the following observations at page 348 and said:- “Before discussing those portions of the record, I shall make some observations on jurisdiction and the competence of a Court. Put briefly, a Court is competent when- (1) it is properly constituted as regards numbers and qualifications of the members of the bench, and no member is disqualified for one reason or another; and (2) the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and (3) the case comes before the Court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect in competence is fatal for the proceedings are a nullity however well conducted and decided: the defect is extrinsic to the adjudication.” For purpose of conferring jurisdiction therefore, the Court must be absolutely certain and satisfied that the offence or crime is directly donated by the jurisdiction conferred in the enabling law; where the offence or crime is however outside the statutory provision, the Court cannot exercise jurisdiction as it lacks the authority to do so. See Onwudiwe V. F.R.N. (2006) 10 NWLR (Pt. 988) 382 at 425.” Per CLARA BATA OGUNBIYI, JSC (Pp 55 – 56 Paras B – C).

Whether Parties can by Consent Waive Jurisdiction?

OYENIRAN & ORS v. EGBETOLA & ANOR (1997) LPELR-2876(SC)

“Indeed, it is trite that parties cannot by consent or waiver confer jurisdiction on the Court where there is no jurisdiction in a Court to try the case.” Per SYLVESTER UMARU ONU, JSC (Pp 33 – 34 Paras G – A)

Jurisdiction of the Court of Appeal

The Jurisdiction of the Court of Appeal to Hear an Appeal is linked to/Depends on the Jurisdiction of the Trial Court to entertain the suit leading to the Appeal

Legal Issue: Whether an appellate court can exercise jurisdiction over a matter where the lower Court(s) lacks jurisdiction?

Suggested search query on law pavilion primsol: Whether an appellate court can exercise jurisdiction over a matter where the lower Court(s) lacks jurisdiction.

Principle: Where it is shown that the lower Court lacks the jurisdiction to adjudicate on a cause or matter an Appellate Court will also lack jurisdiction to determine the merit of an appeal emanating therefrom.

NNPC & ANOR v. EFEBO (2019) LPELR-47904(CA), SARANYI v. JIBRILLA (2019) LPELR-48781(CA), WARD & ORS v. SUFFOLK PETROLEUM SERVICES LTD & ANOR (2017) LPELR-45204(CA), ODEY v. ALAGA & ORS (2021) LPELR-53408(SC), APGA V. ANYANWU (2014) 7 NWLR (PT 1407) 541 at 567-568, ANYANWU v. OGUNEWE & ORS (2014) LPELR-22184(SC), MUSICIAL COPYRIGHT SOCIETY OF (NIG) LTD v. NCC (2016) LPELR-41009(CA),

UMEZ ENGINEERING CONSTRUCTION CO. LTD & ANOR v. ALOZIE (2018) LPELR-44656(CA), CHUKWURAH v. APC & ORS (2023) LPELR-59735(CA)

SARANYI v. JIBRILLA  (2019) LPELR-48781(CA) 

“An appellate Court cannot exercise jurisdiction in a matter once the lower Court or the Court below is without jurisdiction. See Ehuwa vs. Ondo State (2006) 12 SCNJ 259 at 269.” Per JAMES SHEHU ABIRIYI, JCA (Pp 11 – 11 Paras D – E)

WARD & ORS v. SUFFOLK PETROLEUM SERVICES LTD & ANOR (2017) LPELR-45204(CA) 

“…Since the lower Court was not clothed with the jurisdiction to try the matter ab initio, this Court is stripped of the vires to hear the appeal. SeeIkechukwu v. Nwoye (2015) 3 NWLR (Pt. 1446) 367; Yar’adua v. Yandoma (2015) 4 NWLR (Pt. 1448) 123; Lafferi v. NAL Merchant Bank (2015) 14 NWLR (Pt. 1478) 64; Egbuchu v. CMB Plc. (2016)) 8 NWLR (Pt. 1513) 192. The reason is not far-fetched. In the view of the law, the jurisdiction of a higher/appellate Court in a matter is tied to that of a lower Court where an appeal emanates. In effect, the want of jurisdiction of the lower Court over the suit contaminates the jurisdiction of this Court to hear the appeal. In other words, the appeal, as constituted, is infested with incompetence.” Per OBANDE FESTUS OGBUINYA, JCA (Pp 22 – 23 Paras C – A)

SPDC v. GOVT OF BAYELSA STATE & ANOR (2017) LPELR-45224(CA) 

“For the sake of clarity and completeness, I must place on record, pronto, that since the lower Court was not clothed with the jurisdiction to try the matter ab initio, this Court is stripped of the vires to hear the appeal, see Ikechukwu v. Nwoye (2015) 3 NWLR (Pt. 1440) 367; Yar’adua v. Yandoma (2015) 4 NWLR (Pt. 1448) 123; Lafferi v. NAL Merchant Bank (2015) 14 NWLR (Pt. 1478) 64; Egbuchu v. CMB Plc. (2016) 8 NWLR (Pt. 1513) 192. The reason is obvious. In the view of the law, the jurisdiction of a higher/appellate Court in a matter is tied to that of a lower Court where an appeal emanates. In effect, the want of jurisdiction of the lower Court over the suit contaminates the jurisdiction of this Court to hear the appeal. In other words, the appeal, as constituted, is plagued with incompetence. The gross and dismal effect is that the entire proceedings and the decision of the lower Court, delivered on 12th April, 2016, were/are trapped in the web of nullity. In the result, the decision of the lower Court is worthless in the hands of the respondents. Since it was mired in a nullity, it was/is barren to give birth to a viable appeal. In sum both the suit and the appeal are rendered incompetent.” Per OBANDE FESTUS OGBUINYA, JCA (Pp 29 – 30 Paras D – D)

NNAJI & ORS v. C.O.P KADUNA STATE & ORS (2021) LPELR-55797(CA) 

“Suffice, it to say that this Court having found that the lower Court lacked the jurisdiction to have entertained the Appellants’ incompetent action, equally lacks the jurisdiction to consider the merits of the decision of the lower Court in the case. In this regard, see the case of EHUWA V. ONDO STATE INDEPENDENT ELECTORAL COMMISSION [2007] All FWLR (Pt. 351) 1415 wherein it was held to the effect that once an appellate Court determines that there was no jurisdiction in the lower Court to exercise in respect of a matter, the decision of the lower Court must be set aside leaving the appellate Court with no jurisdiction to consider talk less of making any pronouncement in relation to the null and void proceeding and order or judgment of the lower Court.” Per FATIMA OMORO AKINBAMI, JCA (Pp 10 – 11 Paras C – A)

SULEJA v. ABUBAKAR & ORS (2019) LPELR-47899(CA) 

“The trite law is that where the Court of trial lacks the jurisdiction on a cause or matter the Appellate Court is also in that circumstance devoid of jurisdiction to decide the appeal emanating from the null proceedings as in this case. The case is liable to be struck out for being incompetent and for lack of jurisdiction on the part of the trial Court. In other words, this Court cannot exercise appellate jurisdiction on an appeal where the lower Court lacks the jurisdiction to deal with the subject matter of an action. See ECOBANK NIGERIA LTD V ANCHORAGE LEISURES LTD & ORS (2018) 18 NWLR (PART 1650) 117 AT 135 C – G per PETER-ODILI, JSC who said:- “There was no appeal to the Court of Appeal on the stand of the trial Court’s striking out the contempt proceedings for lack of jurisdiction and so the appellant cannot bring the matter up at this stage at the Supreme Court. The implication is that the striking out of the contempt proceedings on a want of jurisdiction by the trial Court and the matter not appealed against, there is no vices on which it can be reopened at that stage since the Court of Appeal would lack jurisdiction and the same virus visiting this Court on that same issue. The two Courts below lacking jurisdiction, this Court automatically has been caged and is helpless as there is no basis on which it can assume jurisdiction to entertain the merits of the contempt proceeding which the two Courts below did have jurisdiction to entertain. This calls up the reminder to what is now trite in law which is that an appeal is a continuation of hearing and not on its own to be activated without a linkage to the earlier trial or appeal from a lower Court. See Ajide v. Kelani (1985) 3 NWLR (Pt.12) 248 at 269; Adegoke Motors Ltd v. Adesanya (1989) 3 NWLR (Pt.109) 250 at 266. The case of Akinbobola v. Plisson Fisko (1991) 1 NWLR (Pt.167) 270 at 285 paras. E-G would highlight what I have been trying to communicate and there this Court had stated in very clear terms the true position of things thus:- “The Court below being an appellate Court, cannot exercise jurisdiction in a matter where the trial Judge is without jurisdiction. It only exercises its appellate jurisdiction to correct the errors of the learned Judge. Hence it will have no jurisdiction to make consequential orders after it has held that the learned Judge had none. Accordingly having held that the learned trial Judge had no jurisdiction to make consequential orders the Court below could not have made because it can only exercise jurisdiction on appeal as if the proceedings had been instituted in the Court of Appeal as Court of first instance.” Per PETER OLABISI IGE , JCA (Pp 47 – 49 Paras B – D)

What is Jurisdiction? UKUT & ORS v. APC & ORS (2019) LPELR-47203(CA) “By way of prefatory remarks, jurisdiction, a mantra in adjudication, connotes the authority/power of a Court to determine a dispute submitted to it by contending parties in any proceeding, see Ajomole v. Yaduat (No. 1) (1991) 5 SCNJ 172; Mobil Pro. Co. Unltd. v. LASEPA (2002) 18 NWLR

Proving the Ingredients of an Offence

Ingredients of the Offence of Armed Robbery

UTTO v. STATE (2021) LPELR-56230(SC)

“Now the essential ingredients for the offence of armed robbery have been stated by this Court in a host of authorities. I wish to restate them here as follows:- (1). That these was a robbery (2). That the robbery was an armed robbery (3). That the accused person was one of those who robbed. All of the above must be provided beyond reasonable doubt before a conviction can be sustained and proof beyond reasonable doubt entails the prosecution producing enough evidence to justify the charge. See OLAYINKA AFOLALU VS THE STATE (Supra); FATAI OLAYINKA VS THE STATE (2007) 4 SCNJ 53; CHUKWUKA OGUDO VS THE STATE (2011) 12 SC (PT.1) 71.” Per SAMUEL CHUKWUDUMEBI OSEJI, JSC (Pp 28 – 29 Paras D – A).

OLAYIWOLA v. STATE (2021) LPELR-58288(SC)

“There are three ingredients required to successfully prove the offence of Armed Robbery which are; that there was a robbery or series of robberies, that each robbery was an armed robbery and that the defendant was one of those who committed the offence. See Nwaturuocha v. The State (2011) LPELR-8119 (SC) Pgs. 13-14, Paras. G-B, Bello v. The State (2007) 10 NWLR Pt. 1043 Pg. 564.” Per HELEN MORONKEJI OGUNWUMIJU, JSC (Pp 28 – 28 Paras B – D)

NWOKOCHA v. AG OF IMO STATE (2016) LPELR-40077(SC)

“It is to be noted that the essential ingredients of the offence of armed robbery are: (1) That there was a robbery. (2) That it was an armed robbery. (3) That the accused was the robber or one of the robbers. All the three ingredients must be altogether proved for the offence to be said to have been proved. See Adekoya v. State (2012) MSCJ vol. II p.20 – 21.” Per MARY UKAEGO PETER-ODILI, JSC (Pp 52 – 53 Paras E – A)

OLUGBODE v. STATE (2022) LPELR-58126(CA)

“To secure a conviction for the offence of Armed Robbery, the prosecution must prove the following ingredients by credible evidence: (a) That there was a robbery or series of robberies (b) That the robbery was an armed robbery (c) That the accused participated in the robbery. All the above ingredients must be proved. It is not sufficient that two of the ingredients have been proved leaving one. They all must co-exist for the offence to be proved. See PEDRO VS. STATE (2018) 17 NWLR (PT. 1649)463, BABATUNDE VS. STATE (2018) 17 NWLR (PT. 1649)549, SMART VS. STATE (2016) 9 NWLR (PT. 1516)447 AND EMEKA VS. STATE (2014) 13 NWLR (PT. 1425)614.” Per FOLASADE AYODEJI OJO, JCA (Pp 19 – 19 Paras B – E)

KANGE v. STATE (2021) LPELR-55688(CA)

“It is trite that for a prosecution to secure a conviction for armed robbery, it must establish beyond reasonable doubt the cumulative presence of the following ingredients of the offence: (i) that there was robbery or series of robberies; (ii) that the robbery was an armed robbery carried out with firearms or offensive weapons; and (iii) that the person charged with the offence was one of the robbers or implicated therein. The onus on the prosecution to prove the cumulative presence of the ingredients cannot be compromised in any respect. The onus does not shift at all as it rests squarely on the prosecution throughout the case. Where the prosecution fails to prove any of the ingredients, the offence of armed robbery would not have been established beyond reasonable doubt and the accused person would be entitled to be discharged and acquitted – Dawai Vs State (2018) 5 NWLR (Pt 1613) 499, Orisa Vs State (2018) 11 NWLR (Pt 1631) 453, Amos Vs State (2018) LPELR 44694(SC), John Vs State (2019) LPELR 46936(SC), Ayinde Vs State (2019) LPELR 47835(SC), Iorapuu Vs State (2020) 1 NWLR (Pt 1706) 391.” Per HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Pp 15 – 16 Paras D – C)

Ingredients of the Offence of Conspiracy

GARGA v. STATE (2022) LPELR-57677(SC)

“The ingredients required by law for the Prosecution to prove the offence of criminal conspiracy under Section 97 (1) of Penal Code are: a) An agreement between two or more persons to do or cause to be done some illegal act or some act which is not illegal by illegal means. b) Where the agreement is other than an agreement to commit an offence that some act besides the agreements was done by one or more of the parties in furtherance of the agreement. c) Specifically, that each of the accused individually participated in the conspiracy. See Yusuf v. FRN (2017) LPELR-43830 (SC) Pg. 26-27, paras. F; State v. Salawu (2012) ALL FWLR Pt. 614 Pg. 30-31; Kayode v. State (2016) LPELR-40028 (SC) Pg. 51-52, paras. F; Eze V. FRN (2017) LPELR-42097 (SC) Pg. 62-63, para. D; Obiakor v State (2002) 6 SC Pt. 11 Pg. 33 at 39-40 and Clark v. The State (1986) 4 NWLR Pt.35 Pg. 381.” Per HELEN MORONKEJI OGUNWUMIJU, JSC (Pp 18 – 19 Paras E – D)

STATE v. FAFURU (2022) LPELR-58482(SC)

“The ingredients of the offence of conspiracy under the Penal Code are as follows: a) An agreement between two or more persons to do or cause to be done some illegal act, or some act which is not illegal by illegal means. b) Where the agreement is other than an agreement to commit an offence, that some acts besides the agreement was done by one or more of the parties in the agreement, and c) Specifically, that each of the accused persons individually participated in the conspiracy. See: Musa v. The State (2016) LPELR-42803 SC; Obiako v. The State (2002) 6 SC (Pt. 11) 33; (2002) LPELR-2168SC.” Per ABDU ABOKI, JSC (Pp 14 – 15 Paras E – B)

ABACHA v. STATE (2002) LPELR-16(SC)

“Finally, the best evidence of conspiracy is usually obtained from one of the conspirators or from inferences. See this court’s remarks in the case of Patrick Njovens & Ors. v. The State (1973) NNLR 76 at page 95: “When it is proposed to give evidence of the happenings inside hell it is only a matter of common sense to call one of the inmates of that place or one whose business is carried out in reasonable propinquity to hell and it must be surprising indeed to find even a lone angel fit and qualified for the assignment. Indeed, it would be preposterous to look for such evidence in other directions. The overt act or omission, which evidence conspiracy is the actus reus and the actus reus of each and every conspirator must be referable and very often is the only proof of the criminal agreement which is called conspiracy. It is not necessary to prove that the conspirators, like those who murdered Julius Caesar, were seen together coming out of the same place at the same time and indeed conspirators need not know each other. See R. v. Meyrick & Ribuff (1929) 21 CAR. 94. They need not all have started the conspiracy at the same time for, conspiracy started by some persons may be joined at a later stage or later stages by others. The gist of the offence of conspiracy is the meeting of the mind of the conspirators. This is hardly capable of direct proof for the offence of conspiracy is complete by the agreement to do the act or make the omission complained about. Hence, conspiracy is a matter of inference from certain criminal acts of the parties concerned done in pursuance of an apparent criminal purpose in common between them and in proof of conspiracy the acts or omissions (and or commissions) of any of the conspirators in furtherance of the common design may be and very often are given in evidence against any other or others of the conspirators.” Per SYLVESTER UMARU ONU, JSC (Pp 78 – 79 Paras E – F)

KAREEM v. STATE (2021) LPELR-58392(SC)

“Sometimes, to prove conspiracy it only takes one of the conspirators to confess to the act or omission and inferences deduced from the evidence that other Defendants also conspired to carry out such an act or omission. See Abacha V. State [2002] SC Pgs. 78-79, Paras. E-F where it was held per Onu JSC that: “conspiracy is a matter of inference from certain criminal acts of the parties concerned done in pursuance of an apparent criminal purpose in common between them and in proof of conspiracy the acts or omissions (and/or commissions) of any of the conspirators in furtherance of the common design may be and very often are given in evidence against any other or others of the conspirators.” Per HELEN MORONKEJI OGUNWUMIJU, JSC (Pp 39 – 40 Paras F – C)

BALOGUN v. STATE (2018) LPELR-44215(SC)

 – Whether it is necessary to prove that conspirators were seen together coming out of the same place at the same time

“It is not necessary to prove that the conspirators were seen coming out from the same place at the same time. Conspirators need not know each other. They also need not have started the conspiracy at the same time. For a conspiracy started by some persons may be joined at a later stage or stages by others. The gist of the offence of conspiracy is the meeting of the mind of the conspirators. See R vs Mevick & Rebuff (1929) 21 CAR 94; Njovens & Ors v. The State (1973) NSCC 257. It is therefore difficult to prove the offence of conspiracy by direct evidence. Conspiracy is a matter of inference from the criminal act of the parties concerned which act is done in pursuance of an apparent criminal purpose. It is therefore the duty of the Court in every case of criminal conspiracy to ascertain as best as it could the evidence of the complexity of any of those charged with the offence. See Daboh & Anor vs The State (1977) 5 SC 222: ERIM vs The State (1994) 4 NWLR (Pt. 346) 535.” Per PAUL ADAMU GALUMJE, JSC (Pp 12 – 13 Paras C – A)

GARBA v. STATE (2020) LPELR-51375(CA)

 – Meaning and ingredients of the offence of conspiracy and how the offence of conspiracy can be inferred; whether evidence of what one accused says in the absence of the other conspirators is admissible against such others

“…The Appellant was also convicted of conspiracy to commit Armed Robbery. “Conspiracy is an agreement of two or more persons to do an act which it is an offence to agree to do” Nwosu Vs State (2004) 15 NWLR pt 897 pg 466, Amachree Vs Nig. Army (2004) 3 NWLR pt 807 pg 256. The ingredients of the offence of conspiracy punishable under Section 97 of the Penal Code are as follows: (a) An agreement between two or more persons to do or cause to be done some illegal act, or same act which is not illegal by illegal means. (b) Where the agreement is other than an agreement to commit an offence, that some acts besides the agreement was done by one or more of the parties in furtherance of the agreement and (c) specifically, that each of the accused persons individually participated in the conspiracy. Abacha Vs Federal Republic of Nigeria (2006) 4 NWLR pt 970 pg 239 Aituma Vs State (2006) 10 NWLR pt 989 pg 452. In this appeal, the Appellant conspired with this gang. He knew the 3rd accused person Jeremiah Stephen who enlisted him to convey their operational gun to the scene of crime. He of course knew what he was enlisted for, to convey the operational gun for a Robbery. There was no evidence that he participated in the actual Robbery. The offence of conspiracy is not defined in the Criminal or Penal Code. Therefore, direct positive evidence of the plot between the co-conspirators is hardly capable of proof. The Courts tackle the offence of conspiracy as a matter of inference to be deduced from certain criminal acts or inaction of the parties concerned. Oduneye Vs The State (2001) 13 WRN pg 88. In this appeal, the Appellant ferried the operational gun through the checkpoints to the scene of crime. Of course he was aware that the gun was not a toy to play with. He knew as a police officer that ferrying the gun across checkpoints was on its own a crime not to think of when it was going to be used for armed robbery. The offence of conspiracy is established once it is shown in evidence that the criminal design alleged is common to all the suspects. Proof of how the suspects are connected with or among themselves is not necessary. As a matter of fact, the conspirators need not know each other. They also need not to have started the conspiracy at the same time. The bottom line of the offence is the meeting of the minds of the conspirators. Nwosu Vs State (supra). The other accused person planned the armed Robbery and enlisted the help of the Appellant to assist them ferry the gun through the police checkpoints. There was from all these snippets of evidence a meeting of the mind of the Appellant with the other accused persons. It is very difficult to prove the offence of conspiracy. It is actually a matter of inference from certain acts of the parties. Consequently, the actual commission of the offence is not necessary to ground a conviction for conspiracy. All that is needed is a meeting of the minds to commit an offence and this meeting of the minds need not be physical.Nwosu Vs the State (2002) 10 NWLR pt 776 pg 612. Daboh Vs State 1977 5 SC pg 197. It is trite law that in a conspiracy proceedings evidence of what one accused says in the absence of the other conspirators is admissible against such others on the basis that if they are all conspirators what one of them say in furtherance of the conspiracy is admissible evidence against them, even though it might have been said in the absence of the other conspirators. This statement of law is thus an exception to the rule of hearsay. Nwosu Vs State (2004) 15 NWLR pt 897 pg 466. The Appellant was part and parcel of the conspiracy and as such was rightly convicted of the offence of Conspiracy to commit armed robbery.” Per UZO IFEYINWA NDUKWE-ANYANWU, JCA (Pp 14 – 17 Paras D – E)

UDO v. STATE (2020) LPELR-49723(CA)

 – How the offence of conspiracy can be inferred

“The gist of the offence of conspiracy is the meeting of the mind of the conspirators. This is hardly capable of direct proof for the offence of conspiracy is complete by the agreement to do the act or make the omission complained about. Hence, conspiracy is a matter of inference from certain criminal acts of the parties concerned done in pursuance of an apparent criminal purpose in common between them and in proof of conspiracy the acts or omissions of any of the conspirators in furtherance of the common design may be and very often are given in evidence against any other or others of the conspirators. It is, therefore, the duty of the Court in every case of conspiracy to ascertain as best as it could the evidence of the complicity of any of those charged with that offence. See COKER J.S.C in NJOVENS VS. THE STATE (1972) LPELR- 2042(SC).” Per YARGATA BYENCHIT NIMPAR, JCA (Pp 20 – 21 Paras C – A)

Proving the Ingredients of an Offence Ingredients of the Offence of Armed Robbery UTTO v. STATE (2021) LPELR-56230(SC) “Now the essential ingredients for the offence of armed robbery have been stated by this Court in a host of authorities. I wish to restate them here as follows:- (1). That these was a robbery (2). That the robbery was an armed

ABSTRACT

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This paper offers an appraisal of the law on issuing dud cheques as applicable in Nigeria. It also addresses the collateral issue of the wrongful dishonor of Customer’s cheques by commercial Banks and the remedies available for same.

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