Appellate Litigation
We have established legal precedents through our appellate practice, with both lawyers and courts citing our cases. We do not limit our representation at the appellate level to clients we represented at trial. Clients often retain us when an appeal becomes necessary.
Selected representative matters:
On behalf of a Nigerian State Government, we secured the Supreme Court’s affirmation of the Court of Appeal’s decision, reserving a first instance judgment against our client. The Supreme Court’s judgment sets a precedent for when a trial court will hear a judgment debtor’s submissions in garnishee proceedings. Gwede v. Delta State House of Assembly (2019) 8 NWLR (Pt. 1673) 30.
In a representative action on behalf of four communities within a Nigerian State, we obtained a multi-million Naira judgment as compensation for an International Oil Company’s environmental damage. Both the Court of Appeal and Supreme Court unanimously upheld the trial court’s decision. S.P.D.C.N. Ltd. v. Anaro (2015) 12 NWLR (Pt. 1472) 122.
We represented a high-net-worth individual in a novel lender liability suit against a Nigerian Commercial Bank. The Bank called in a multi-million share purchase facility, which it classified as a term loan. We successfully argued that the Bank harmed our client through its negligent management of the facility, with the court awarding exemplary damages in our client’s favour. The Court of Appeal confirmed the trial court’s decision, thus establishing a precedent concerning a bank’s duty of care when managing facilities on its customers’ behalf. Access Bank Plc v. Menakaya (Unreported). Judgment of the Court of Appeal in CA/A/722/2013 (29 December 2017).
A Nigerian State Government has retained us in proceedings under the Supreme Court’s originating jurisdiction. The appeal turns on the interpretation of Constitutional provisions relating to a question of fiscal federalism. The Supreme Court’s decision will determine questions concerning the Federal Government obligation to remit the proceeds of Stamp Duties to State Governments.
A Nigerian political party has retained us in an appeal before the Supreme Court, which turns on the propriety of the electoral umpire’s deregistration of certain political parties while proceedings were pending. The appeal raises questions as to the scope of the Court of Appeal’s authority under its appellate jurisdiction.
On behalf of a Member of the Nigerian House of Representatives, we obtained the reversal of an Election Tribunal’s decision to nullify our client’s election. The Court of Appeal agreed with our position that the petitioner failed to meet the evidentiary threshold at the Tribunal. Ben Roland Igbakpa v. Hon. John Agoda (Unreported). Judgment of the Court of Appeal in CA/B/EPT/DT/HR/6A/2019 (4 November 2019).
Dangana v. Usman (2013) 6 NWLR (Pt. 1349) 50 (Supreme Court) – affirming the Court of Appeal’s decision that a candidate’s qualification to contest an election can be the subject of proceedings either before or after the election in question.