Public & International Law
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Item Examination of the territorial jurisdiction of the national industrial court of Nigeria and the service of processes outside the jurisdiction of the court(Department of Public Law Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2021-06) Adeniji, S. A.Sections 97, 98 and 99 of the Sheriffs and Civil Process Act (SCPA) requires that, originating processes to be served outside the issuing state, must be endorsed that, same is for service outside the issuing State or the Federal Capital Territory for their service to be valid. Giving the fact that, the National Industrial Court of Nigeria (NICN), just like the Federal High Court (FHC), has a nationwide jurisdiction, does the above requirement of the SCPA applies to the NICN? Does the failure to specifically mention the NICN in the definition section of the SCPA as courts is the NICN not excluded? Docs the specialised nature of the NICN exclude it from the application of the SCPA as far as endorsement and service of originating processes is concerned? These issues, form the crux of this paper which adopts the doctrinal methodology to evaluate these issues by reviewing the Court of Appeal decision in Johnson v. Ezc. It argues that, the NICN having a nationwide coverage with judicial divisions for administrative and adjudicatory efficiency, the requirement of the SCPA is inapplicable. Aside being a specialised court poised at efficient and timeous adjudication, the exclusion of the NICN in the definition section of the SCPA, although being of coordinate jurisdiction with other High Courts (IIC), buttresses the inapplicability of the SCPA endorsement requirement. It argues that, the decision is a welcomed development; it will aid continuous efficiency of the NICN; insulate it from potential technicalities arising from the applicability of the requirement of the SCPA based on the sensitive subject matter it adjudicates upon.Item The court of appeal decision in Babatunde v. Osun State college of education: the prerequisite duration of retainership contract(Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Rivers State, 2022-12) Adeniji, S. A.In legal practice, a client may engage a legal practitioner on a case basis or enter into retainership contract where the lawyer is expected to offer a range of agreed legal service for a period of time for a fee he is entitled to even if no service is rendered at the instance of the client. Like any other enforceable contract, it is expedient to expressly state the duration and other terms of a legal retainer. Where the duration is not stated but the fees are usually pay on yearly basis, the court shall treat the same as a yearly contract subject to yearly application and approval by the client. This paper which adopts doctrinal method, examines the imperativeness of stating the duration of retainership contract by examining the Court of Appeal decision in Babatunde v. Osun State College of Education where the court held that where the intention of the parties is not expressed, same will be discovered by examining the totality of the circumstances regulating the relationship. The paper examines the effect of the judgment on legal retainership in Nigeria. It found out that; failure to specify the duration of retainership, will open same to be construed as a yearly contract subject to renewal by the client upon the application of the legal practitioner. The paper makes vital recommendations on the issue going forward before conclusion.