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FOCUS SAMPLE DRAFTS

FOR
LAW SCHOOL STUDENTS
2019 EDITION
BY

OBOAGWINA O. CALEB
D.I.L (UNIBEN), LL.B (UNIBEN), B.L. (NIGERIA),
ACIArb, F.D.M (GOOGLE)
FOUNDER OF EASY READ (LEGAL)

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FOCUS SAMPLE DRAFTS FOR LAW SCHOOL STUDENTS
© 2019 Oboagwina Osemudiame Caleb
www.easyreadlegal.com

2019 Edition

All Right reserved:

The right of Oboagwina Osemudiame Caleb to be identified
as the author of this work has been asserted by him in
accordance with Copy right, Designs and Patent Act.
No part of this book may be reproduced, transmitted or photocopied in any form or by any means,
electronic or mechanical, including photocopying, recording or by any information storage and
retrieval system, without prior permission in writing and response of the author.

NB: This book is not for sale but a part of my contribution to the Legal Community.

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PURPOSE OF FOCUS SAMPLE DRAFTS
FOCUS SAMPLE DRAFTS is design to assist students of the Nigerian Law School prepare for
drafting effectively for the Bar Finals Exams, it also aids to simplify the drafting and easing the
tension which may arise due to the bulky drafts made available by recommended text book
basically a precedent for practice and not necessary for the exams.
This book also gives an insight of important drafts students must learn before approaching the
exams and are highly recommended for class activity and preparation for the Bar Finals.

All the names of people used in this work especially in the sample drafts, are person who have
affected my life positively, however the place used in the drafting are merely fictional and thus
does not intend to reflect them in such place and circumstance as stated in the drafting.
I cannot conclude this work without recourse to my mentors LATE. Dr. Francis J. Oniekoro
ESQ (PHD), DR. Omo- Arise ESQ (PHD), DR. Emmanuel Olowononi ESQ (PHD) and DR.
Bukola Akinola ESQ (PHD) and the Easy Read Proof read team; Ibizugbe Joshua ESQ,
Oluwatosin Olukayode Talabi ESQ, Nwaigwe Samuel Emeka ESQ. Enuji Favour ESQ,
Florence Oboagwina ESQ, Okoli Chiamaka Juliet ESQ, Wokoma Shekinah ESQ, Igo
Ronny Ikechukwu ESQ, Agabi Emmauel ESQ, Oyeh Ikechukwu Franklin ESQ,
Iwuchukwu Victor ESQ, Mohammed Abdullahi Umar ESQ and Alice Wokoma ESQ.
For my friends in the profession Jaye- Ola Solomon ESQ, Norbert Uzoma ESQ, Agor Lucky
Chima ESQ, Onyemaechi Thank God ESQ, Jimmy Jones Promise ESQ, Okwor Kenneth
ESQ, Abudazi Isaac ESQ, Oluwa- shehun Ijayi ESQ, Deborah Lessor ESQ, Onwuzuligbo
Collins ESQ, Akerele Dami ESQ, Byron Ifediora ESQ, Nwakaeze Kenneth ESQ,
Uzochukwu Donald ESQ, Duweni Bright ESQ and to all my students at EASY READ Study
shop nationwide I say a big thank you.
I also want to use this medium to thank my beloved wife Oboagwina Florence Esq and our entire
family for their support.
With great gratitude in my heart I appreciate Mr. C.U. Mmuozoba (Deputy Director of
Academics Enugu Campus) for his contributions to the Legal Education.
However, I accept any error or omission or mistake that may be found in this 2019 SIMPLIFIED
Edition. Thank you for your patronage.

OBOAGWINA O. CALEB
(EASY READ)
07035969586

EASY READ- PUTTING LEGAL WRITING INTO PLAIN ENGLISH (OUR MISSION)
As the saying goes, “Old ideas die hard”. Legal writing has been bad for a long time. For an
entertaining and educational explanation, read Peter Tiersma’s book, Legal Language (Tiersma,
Legal Language (1999). which give a fascinating history of how we got to the present state.

As lawyers, what we do most is write. Abraham Lincoln said that “lawyers’ time and advice are
our stock in trade, but we express the advice in words”. And we use our time in drafting, in
communicating mostly by the written word. Sometimes, though, we fail to remember the first
object of writing is to communicate. The first question is all writing is: For whom are you writing?

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Most legal writing is atrocious. Fred Rodell, Dean of Yale Law School before most of us were
born, had it right when he said, “There are two things wrong with most legal writing. One is style.
The other is content.”
Cases are selected from law report not because they are examples of good writing, or even clarity,
but because they illustrate the precepts of law in that course. Even when edited, many of these
cases are wordy, redundant, and confusing. If the exposure to indecipherable writing in university/
law school were not bad enough, then the young lawyer would ventures forth into the “real world”
of law practice.

Hence, avoid the use of unnecessary preambles which weaken or hide the point they introduce.
Some examples are; it is important to add that . . ., it may be recalled that . . . In this regard it is of
significance that . . . It is interesting to note that… etc. Eschew legalese. “Hereinafter,”
“aforesaid,” and the like do not add anything but wordiness and detract from readability.

It is important not use two or three or four words to illustrate one word e.g. “devise and bequeath”;
“grant, bargain, and sell”; “right, title, and interest”; “make, ordain, constitute, and appoint”. This
goofiness originated with the Norman Conquest, after which it was necessary to use both the
English and French words so that all could understand. Most of us now understand plain English.
A related tendency of us will likely want to use many words when one is more understandable.
This should be discouraged.

I encourage you to strive to explain yourself in writing in a way that an average person can
understand. The fewer the words, the more memorable the point, Short paragraphs give the reader
a chance to pause and digest what has gone before. For these reason some few words have be
stated down for appropriate correction;

BAD GOOD
The means by which How
Entered a contract to Contracted
Filed a counterclaim Counterclaimed
Filed a motion Moved
Filed an application Applied
Adequate number of Enough
For the reason that Because
In the event of If
In light of the fact that Because
Notwithstanding the fact that Although
Notwithstanding Despite
Cause of action Claim
In order to To
At this point in time Now
Until such time as Until
Whether or not Whether (usually)
During the month of May In May
By means of By
As a consequence of Because of

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A distance of five miles Five miles
At a later date Later
Is of the opinion that Believes
Effectuate Cause
In violation of Violates
Made a complaint Complained
Utilize Use
A period of a week A week
Made application Applied
Made provision Provided
It is contended by plaintiff Plaintiff contends
With regard to About
In connection with With
Performed a sea on Searched
Each and every Either one
Provide responses Respond
Offer testimony Testify
Make inquiry Ask
Provide assistance Help
Place a limitation upon Limit
Make an examination of Examine
Provide protection to Protect
Reach a resolution Resolve
Bears a significant resemblance Resembles
Reveal the identity of Identify
Makes mention of Mentions
Are in compliance with Comply
Make allegations Allege
Was in conformity with Conformed
To effect settlement Settle

My candid advice is, as lawyer, continue your research! You might file a memorandum or a brief
month before it is argued before the court. Check every citation periodically, and again the day
before the case is argued.

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MAKING A MARK THAT CANNOT BE ERASED – OUR VISION
Many years ago, one of the teachers at my Secondary School told me, that I would not be able to study
Law due to my poor performance but thank God that today I have successfully been called to the
Nigerian Bar.

My main focus was not just to be called, rather to make a mark in the Legal Profession. I made
inquiries of how I would make a mark, and came across a book titled “ATTITUDE IS EVERYTHING”
by KEITH HARRELL, which made me realize that in making a mark in this world or in any field,
means to make a difference in someone else’s life. He further stated that the smallest gesture could
have a major and lasting impact on one’s life.
As a Christian Lawyer, it was not more of ‘what is in this life for me’ rather I took up an attitude of
‘what can I do for you which would please GOD’.
For this cause I decided to write the Easy Read books (2014 -till date) which aims to make a difference
in your life. Therefore, if you have not taken the step of faith by submitting your life to JESUS, you
could do that by confessing this:

” Lord Jesus, I want to thank you for what I heard and believed you did for
me while I was yet unborn knowing fully well I would one day come into this
world full of sin, and you decided to die for me to save me, as a gratitude on
my part I want you to be the lord and personal savior of my life, career and
goal. Jesus I thank you for your Love. Grant I the grace to make a mark in
life. Amen.”
I wish you the best in the Legal Profession and I believe you have greatness within you.

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DEDICATION
This book is dedicated to all Nigerian Law School Students from all the various campus from
2014- till date for their supports and encouragement to continue in the contribution of the legal
education and also to my entire family (OBOAGWINA FAMILY) I LOVE YOU ALL!

TESTIMONIALS
“I used the easy read books and it helped me cover each topic before each class, the sample
questions and drafts are important and effective to my excellent results at the law school”.
-Abdulhaleem Sunusi Ahmed ESQ (BAYERO UNIVERSITY KANO) (FIRST CLASS
GRADUATE- NLS)

“I resumed late and didn’t understand all the Nigerian Law School was about, until I got a copy of
the Easy read Material and participated in his programs, which built my confidence and glad I
made the Nigerian Bar at one sitting”. - Nguve Williams ESQ (Second Class – Upper Division
NLS and Best Cameroonian Graduate)

“EASY READ made my Nigerian Law school Experience very easy for me, especially with his
voice note session online. Thank you sir!”. Deborah ESQ (UNIVERSITY OF BENIN) (FIRST
CLASS GRADUATE- NLS)

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TABLE OF CONTENT

PART A: PROPERTY LAW PRACTICE - - - - - - - 12

o DEED
o POWER OF ATTORNEY
o CONVENANTS AND CLAUSE
o SEARCH REPORT
o BILL OF CHARGE
o WILL & CODICIL
o ASSENT
PART B: CRIMINAL LITIGATION - - - - - - -
40
o POLICE BAIL
o CHARGES
o COURT BAIL AND .AFFIDAVIT
o GROUNDS OF APPEALS
PART C: CORPORATE LAW PRACTICE - - - - - - -
69
o MEMORANDUM OF ASSOCIATION
o ARTICLE OF ASSOCIATION
o NOTICE OF INTENTION (Special Notice)
o NOTICE OF COMPANY MEETINGS
o COMPANY RESOLUTION
o LETTERS
o NOTICE OF RESIGNATION (PARTNERSHIP)
PART D: CIVIL LITIGATION - - - - - - - - 90
o PRE- ACTION COUNSELING
o APPLICATIONS
o FILLING OF WRIT OF SUMMONS
o MEMORANDUM OF APPEARANCE
o PLEADINGS
o ORIGINATING SUMMONS
o ORIGINATING MOTION
o PETITION
o APPLICATION PENDING APPEAL
o NOTICE OF APPEAL
o NOTICE TO QUIT AND OWNERS INTENTION TO RECOVER POSSESSION

PART E: PROFESSIONAL ETHICS AND SKILLS - - - - - -

137
o LETTERS
o MINUTE OF MEETING
o CURRICULUM VITAE
o MEMORANDUM
o LEGISLATIVE DRAFTING

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CHAPTER ONE
DEED
A deed is Legal instrument that transfers title or interest in the property which is in writing,
signed, sealed and delivered.

TYPES OF DEED
There are 2 (two) basic types of deed stated below, namely;
1. DEED INDENTURE: This involves two or more parties executing the deed in the
transfer of interest e.g. Deed of Mortgage, Deed of Assignment etc.
2. DEED POLL: This involves one party executing the deed e.g. Power of Attorney, except in
the following instances it is advisable to be made in deed indenture (a deed made by two or
more parties):
a) When it imposes some obligations on the Donee
b) It is important to have a record of the Donee’s signature to prevent fraud
c) It is supported by a consideration
d) It is coupled with an interest and so it is desirable to be signed by both parties
Note: SUPPLEMENTAL DEED is meant to rectify or amend a deed, it also known as deed of
Rectification e.g. as a codicil is to a Will so is a Supplemental deed is to a deed.

WHEN DEED IS MANDATORY

There 6(six) basic transactions as affecting land that must be by deed, failure to be made by deed
will render such transaction null and void.
1) Provisions of Law: S.77 (1) Property and Conveyancing Law 1959 (PCL), S.3 Real
Property Act 1845, S.4 Statute of Fraud; this relate to a lease exceeding three years must be
by deed or in writing.
2) To Create a Legal Estate in Land- S.77 (1) Property and Conveyancing Law 1959 (PCL)
3) Promise not backed by Consideration: see RE VALLANCE (1884) 23 CH 353
4) Power of Attorney( a power of attorney given to execute a deed, must be by a deed)- ABINA V
FARHAT (1938) 14 NLR 17
5) To Effect Voluntary Surrender
6) Vesting Declaration

WHEN DEED IS NOT MANDATORY

There 7(seven) basic transaction that does not require to be by deed in order to be valid.
1) Assents
2) Vesting Order
3) Receipt Not Required by Law to Be Under Seal.
4) Short Term Leases (Lease Below Three Years)-Hall V Hall (1877) 2ex D 355
5) Certain Disclaimer
6) Surrender by Operation Of Law
7) Transaction Covered by the Rules in Walsh V Lonsdale (Equity).

PERFECTION OF A DEED
Perfection of a deed is done through the following stages:
1. Obtaining the Governor’s consent. See S. 22(2) of the Land Use Act
2. Stamping the Deed of assignment

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3. Registration, in Lagos state, 3% of the value is payable before a deed of assignment is
registered at the Land Registry (Land Information Management System (LIMS). Take note of
the chronological order; which is Consent, Stamping and Registration (CSR)

THE EFFECT OF FAILURE TO PERFECT TITLE TO PROPERTY

1) Failure to obtain the Governor’s consent as regards land in a State or the Minister’s consent
when dealing with land in Federal Capital Territory -Abuja makes the legal transfer of interest
to be void or makes the interest equitable or inchoate. See Savannah Bank V Ajilo
2) Where a deed is not stamped, it will not be admissible in evidence in court. Note Penalty will
be paid as fine for late stamping.
3) Where a deed is not registered, it is not admissible in evidence, the interested party will not
have priority over the land and It will only vest equitable interest in the owner.

THE PARTICULARS OF INSTRUCTIONS NEEDED TO DRAFT A DEED

1. The particulars of the parties
2. The particulars of witnesses
3. Description and location of the property
4. The history of the title to the land( abstract)
5. Consideration
6. Covenants and undertakings
7. Capacity of the Assignor
8. The quantum of interest given by the Assignor (Habendum)

HOW TO DRAFTS A DEED

My advice to you is, in practicing drafting of a deed, it is important that you learn them in part, than
learning the entire deed, this will help understands when the examiners want you to draft a content,
part or the entire deed. It is safe to say that deed is categories into, content/ clause, part and the
entire body. There are 4(four) major parts in a deed, which are;
1. Introductory Part: This has 4 (four) content namely; commencement, date, parties and
recital (if any)
2. Operative Part: This has 7 (seven) content namely; Testatum, consideration, receipt,
capacity clause or Covenant of title, words of grant, parcel, and habendum.
3. Miscellaneous Part: This includes Indemnity Clause-it must be expressly stated in a deed
transaction located in Eastern and Northern State as it would not be implied, acknowledgement
of right to production and undertaking for safe custody)
4. Concluding Part: This has 5 (five) namely; Testimonium, schedule, execution and
attestation governor consent and Franking.

INTRODUCTORY PART
1) Commencement: This shows the title of the deed and it is drafted as;
“THIS DEED OF LEASE”
“THIS DEED OF MORTGAGE”
“THIS DEED OF ASSIGNMENT”
“THIS DEED OF ATTORNEY”

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2) Date: The absence of a date on a deed does not necessarily invalidate the deed and such deed
shall become operative on the date of delivery. See Anuku v. Standard Bank (1972) ULLR
106 at p.109. Note that, there are two format in which a date can be drafted and this
depends on the presence of a recital; where there IS it implies there must be a recital
DATE (WITHOUT RECITAL): “made this ….……. day of
………………………, 20…..”
DATE (WITH RECITAL): “IS made this ….……. day of ………………………,
20…..”

3) Parties: The word describing the persons in property transactions depends on the nature of the
transaction. For instance; “assignor/assignee; mortgagor/mortgagee; lessor/ lessee;
vendor/purchaser” see Adejumo and Ors. V. Ayantegbe (1989) 2 NSCC 444; Nnubia v. A. G
(Rivers State), this must be indicated in the deed. Note words like “hereinafter called or
hereinafter referred to as” immediately preceding the definition of the parties are archaic and
superfluous, it should be avoided and simply describe the party as “assignor/assignee;
mortgagor/mortgagee; lessor/ lessee; vendor/purchaser” in a bracket.
Note, in practice after the description of the parties, the phrase “which expression shall where
the context so admits includes his heirs, assigns, successors in title and personal
representatives” were added, but this is no longer necessary by virtue of Section 102 (1) PCL
and section 58 & 59 CA as successors, heirs, are bound to the property transaction. How
parties are drafted depends on the types of Deed.

DEED INDENTURE (TWO OR MORE PARTIES): “BETWEEN Chief Jimmy

Promise of No 10 Adeniyi Jones Avenue, Ikeja, Lagos (The Assignor) of the one
part AND
Agor Lucky Chima of No 30, Aba Road, Port Harcourt, Rivers State (The Assignee)
of the other part”
DEED POLL (ONE PARTY): “I, Miss Florence of No 32 Agbani Street, Enugu
State (Donor)”
TAKE NOTE OF THE BETWEEN & AND; I, as to their usage.

4) Recital: This is a formal statement in a deed setting out the history or background of the
vendor’s acquired right which ought to be conveyed or sold and it is optional. Note it raises
presumption, corrects fact where it is 20 years old, see S. 130 E A. There are 2 two types of
recital:
a) Narrative Recital: discloses the history of property.
b) Introductory Recital: discloses the intention of the parties to the immediate transaction.
Note the used of “whereas” in the introduction of a recital can be replaced with; “This deed
recites as follows” or “Recital”. A Recital is drafted as;

THIS DEED RECITE AS FOLLOWS;

1. The Assignor is the rightful owner of the property lying at………………..
2. The Assignor agrees to assign and the assignee agrees to take the property
THE SENTENCE FORMAT OF THE INTRODUCTORY PART READS AS FOLOWS:
THIS DEED OF ASSIGNMENT is made on the ……. day of …………, 20…..
BETWEEN Chief Jimmy Promise of No 10 Adeniyi Jones Avenue, Ikeja, Lagos (The
Assignor) of the one part AND Agor Lucky Chima of No 30, Aba Road, Port Harcourt,
Rivers State (The Assignee) of the other part.
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THIS DEED RECITE AS FOLLOWS;
1. The Assignor is the rightful owner of the property lying at………………..
2. The Assignor agrees to assign and the assignee agrees to take the property

OPERATIVE PART
1) Testatum: This is the beginning of the operative part of a deed. There are two formats drafting
Testatum, depending on whether there is a recital or not. They are drafted as;
TESTATUM (WITHOUT RECITAL): “THIS DEED WITNESSES as follows”
TESTATUM (WITH RECITAL): “NOW THIS DEED WITNESSES as follows”
Note: where there is a Recital in a deed the Testatum must begin with “NOW”

2) Consideration clause: it states the amount the property is being sold/assigned/demised to a

purchaser. It can be drafted thus:
“In consideration of the sum of N 1,000,000(One Million Naira) paid to the Assignor
by the Assignee”
Note that where there is a balance to be paid by the parties (Assignee), it may be drafted as;

“In consideration of the sum of N 10,000,000(Ten Million Naira) out of which the
Assignee has paid (Five million) to the Assignor the (Receipt of which the Assignor
hereby Acknowledges) and the balance of (Five million) to be paid on….day of…….
As agreed by the parties”
3) Receipt clause: This indicates that the vendor acknowledges the receipt of the purchase price.
Note the implication for inserting a receipt clause is that;
a) It is a Prima facie evidence of payment;
b) There will be no need to issue a separate receipt.
c) It is adequate authority for the purchaser to pay money to the solicitor who produces the
deed of conveyance as acting for the vendor.
The receipt clause is usually enclosed in bracket;
“(Receipt of which the assignor hereby acknowledges)”

4) Capacity Clause or Covenant of title: It determines the capacity the property is transferred.
where the Assignor is a Beneficial Owner the presumption are:
a) Right to convey
b) Freedom from encumbrances
c) Quiet enjoyment
d) Further assurance - I will do everything possible...
e) The lease is valid and subsisting
f) That all covenants that are to be performed have been performed till date and the rent
have been paid
It is drafted as; “the Assignor as beneficial owner”

5) Words of Grant: No special words are needed to transfer the property: e.g. “Assigns”
“Assignment- ASSIGNS to the Assignee”
“Lease- the Lessor LEASE to the Lessee”
“Mortgage- the Mortgagor hereby mortgage”
6) Parcel Clause: describes the property that is the subject of the transaction and it is drafted as
“ALL THAT PARCEL OF LAND Situate at….”
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7) Habendum: it describes quantity of interest remaining in the property; it is drafted as
“TO HOLD UNTO THE UNEXPIRED”
THE SENTENCE FORMAT OF THE OPERATIVE PART READS AS FOLOWS:
“NOW THIS DEED witnesses as follows;
In consideration of the sum of ………….paid to the Assignor by the Assignee (In receipt
of which the Assignor hereby acknowledges). The Assignor as beneficial owner ASSIGNS
to the Assignee ALL THAT PARCEL OF LAND situated at No…… TO HOLD UNTO
THE ASSIGNEE for the unexpired residue of the Assignor’s interest”
MISCELLANEOUS PART (IF ANY)
1) Indemnity: It is required if the property is in the Eastern and Northern part of the country, it is
not required in the West if the transaction is not voluntary; s. 101, 2nd schedule, PCL. Also not
required in the registration district of Lagos- s.129, RTL.
2) Safe Custody and Acknowledgement Clause: See section 89 of Property and Conveyancing
Law; state the following condition: where the Vendor sells part of the Land to a Purchaser, He
(vendor) has the right to retain the original title, the Purchaser will be protected under this
clause, endorsement on the original title of Land of the part that is sold to the purchaser.
CONCLUDING PART
1) Testimonium: This provides a link between the execution and the attestation portion and the
other parts of the deed. It is drafted as;
“IN WITNESS OF WHICH the parties have executed this deed dated
this…………… day of ……20...”
Or
“IN WITNESS OF WHICH the parties have executed this deed in the manner
below the day and year first above written”

2) Execution and Attestation: (Signature/Seal & Attestation); It must be signed, sealed and
delivered and the attestation contains the particulars of persons who are witnesses to the deed.
The manner of execution and attestation depend on status of the parties which are;
a) Natural Person
b) An illiterate
c) A blind person
d) Company
e) Individual attorney
f) Incorporated trustee
Note you must always execute for two parties as students usually make mistakes of executing for
one party, as deed of assignment is a deed indenture not a deed poll which require execution by one
party.
Natural Person
SIGNED, SEALED and DELIVERED by
(The Assignor)
-----------------------------LS

Chief Jimmy
Promise
IN THE PRESENCE OF:
NAME: ………………………
OCCUPATION: …………………
ADDREESS: ……………………
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SIGNATURE: ……………………

SIGNED, SEALED and DELIVERED by

(The Assignee)
---------------------------------LS
Agor Lucky Chima
IN THE PRESENCE OF:
NAME: ……………………………
OCCUPATION: …………………
ADDREESS: ……………………
SIGNATURE: ……………………

An illiterate
SIGNED, SEALED and DELIVERED by
Chief Jimmy Promise (Assignor)

The content of this deed having been first read and interpreted from English language to the Esan
Language to him by Me, Mr. Caleb Oboagwina when he appeared perfectly to understand it before
affixing his thumbprint or impression.
BEFORE ME

MAGISTRATE/ JUDGE / NOTARY PUBLIC

SIGNED, SEALED and DELIVERED by
(The Assignee)
---------------------------------LS
Agor Lucky Chima
IN THE PRESENCE OF:
NAME: ……………………………
OCCUPATION: …………………
ADDREESS: ……………………
SIGNATURE: ……………………
A blind person

SIGNED, SEALED and DELIVERED by

Chief Jimmy Promise (Assignor)

The content of this deed having been read ALOUD to him by Me, Mr. Caleb Oboagwina, when he
have appeared perfectly to understand it before GUIDING OR DIRECTING his thumb print affixing
it to this deed.

BEFORE ME

MAGISTRATE/ JUDGE / NOTARY PUBLIC

SIGNED, SEALED and DELIVERED by
(The Assignee)
---------------------------------LS
Agor Lucky Chima

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IN THE PRESENCE OF:
NAME: ……………………………
OCCUPATION: …………………
ADDREESS: ……………………
SIGNATURE: ……………………

Company
THE COMMON SEAL of (coy.name) Ltd was affixed to this deed in the presence of
……………
……………….
Director Secretary

Individual attorney
SIGNED SEALED AND DELIVERED by
The lawful attorney of the within (named assignor owner of the property) by virtue of his power
of Attorney dated the …..Day of ……….. Registered as No …… at Page ………in Volume
……… of the Land’s Registry.
--------------------------------- LS
(Donor’s name)
IN THE PRESENCE OF
Signature…………..
Name………………..
Address……………..
Occupation………….
Incorporated trustee
THE COMMON SEAL OF INCORPORATED TRUSTEES OF THE CHRISTIAN-MOSLEM
UNITY FORUM WAS AFFIXED TO THIS DEED AND WAS DULY DELIVERED IN THE
PRESENCE OF:
…………………………………
……………………………
TRUSTEE
SECRETARY
3) Governor consent: All document that transfer interest in Land, requires Governors consent,
thus it is drafted as;
ENDORSEMENT FOR GOVERNOR`S CONSENT

I CONSENT TO THE TRANSACTION CONTAINED IN THIS DEED.

DATED THIS............. DAY OF ............................., 20......

4) Franking: It shows the identity of the lawyer who prepares the document; thus it is drafted as;
PREPARED BY:

OBOAGWINA C.O.
(LEGAL PRACTITIONER)
0703596958

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THEREFORE THE COMPLETE DRAFT OF A DEED IS;

THIS DEED OF ASSIGNMENT is made on the ……. day of …………, 20….. BETWEEN Chief
Jimmy Promise of No 10 Adeniyi Jones Avenue, Ikeja, Lagos (The Assignor) of the one part AND
Agor Lucky Chima of No 30, Aba Road, Port Harcourt, Rivers State (The Assignee) of the other
part.

THIS DEED RECITE AS FOLLOWS;

1. The Assignor is the rightful owner of the property lying at………………..
2. The Assignor agrees to assign and the assignee agrees to take the property
NOW THIS DEED witnesses as follows;
In consideration of the sum of ………….paid to the Assignor by the Assignee (In receipt of which
the Assignor hereby acknowledges). The Assignor as beneficial owner ASSIGNS to the Assignee
ALL THAT PARCEL OF LAND situated at No…… TO HOLD UNTO THE ASSIGNEE for the
unexpired residue of the Assignor’s interest.
IN WITNESS OF WHICH the parties have executed this deed dated this…………… day of
……20...
SIGNED, SEALED and DELIVERED by
(The Assignor)
-----------------------------LS

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Chief Jimmy
Promise
IN THE PRESENCE OF:
NAME: ………………………
OCCUPATION: …………………
ADDREESS: ……………………
SIGNATURE: ……………………

SIGNED, SEALED and DELIVERED by

(The Assignee)
---------------------------------LS
Agor
Lucky Chima
IN THE PRESENCE OF:
NAME: ……………………………
OCCUPATION: …………………
ADDREESS: ……………………
SIGNATURE: ……………………

ENDORSEMENT FOR GOVERNOR`S CONSENT

I CONSENT TO THE TRANSACTION CONTAINED IN THIS DEED.

DATED THIS............. DAY OF ............................., 20......

PREPARED BY:
OBOAGWINA C.O.
(LEGAL PRACTITIONER)

20


CHAPTER TWO
POWER OF ATTORNEY
A power of attorney is an instrument of delegation which confers authority on the donee to perform
certain specified acts or kinds of acts on behalf of the donor. Note, the transaction is Donation of
Power, while the instrument is Power of attorney.

FORM OF A POWER OF ATTORNEY

Usually, a power of attorney is made in a deed poll (a deed made by one party) except in the
following instances it is advisable to be made in deed indenture (a deed made by two or more
parties):
1. When it imposes some obligations on the Donee
2. It is important to have a record of the Donee’s signature to prevent fraud
3. It is supported by a consideration
4. It is coupled with an interest and so it is desirable to be signed by both parties

USES OF POWER OF ATTORNEY

1) Remedial device for legal mortgage by sub demise in Conveyancing Act states
2) Buying and selling land on behalf of the Donor;
3) Collecting money on behalf of the donor;
4) Prosecuting cases in court;
5) Receiving rates, rents, profit. see Ude V. Nwara

IMPORTANCE AND NEED FOR POWER OF ATTORNEY

1) Where the Donor may not be able to carry out the act personally. See. Chime v Chime
(supra), Ude v Nwara (supra)
2) Secure interest of the purchaser pending the perfection of title of purchaser or performance of an
obligation owed the donee.
3) It may be required where a mortgage is by sub-demise under the CA, pending payment of
mortgage sum. RE white Rose Cottage(1965) Ch. 940
4) Physical impairment
5) The need to involve an expert e.g. lawyers by virtue of their knowledge of the law.
6) Ill-health or Impairment, making it difficult for the donor to handle the affairs of his properties.
7) The donor wants the Donee to execute other instrument on his behalf. S.46 (1) Conveyancing
Act; S.141 (1) Property and Conveyance Law.

HOW POWER OF ATTORNEY ARE CREATED

Generally, there is no prescribe mode of creating of power of attorney in as much it is in writing
and convey power on the donee who acts on his behalf, however where it relates to land transaction
which exceed (3) three years it must be by deed. see Abina v Farhat. In summary, power of
attorney can be created orally and in writing but where the donee is to execute an act which he is
required by law to be by deed, such power of attorney must be created by deed.

PARTS OF POWER OF ATTORNEY AND HOW THEY ARE DRAFTED

1. Commencement
2. Date
3. Party
4. Appointment Clause
5. Power Clause
21


6. Testimonium
7. Execution And
8. Attestation

1. Commencement
THIS POWER OF ATTORNEY

2. Date
Made on the…………day of…………………………………………… 20………………..
3. Party
I, Mrs Florence S. of No 32 Agbani Street, Enugu State (Donor)

4. Appointment clause
HEREBY APPOINT Ajayi Shehun of No. 1 bologna Street, Ekiti, Ekiti state (Donee) to be my true
and lawful attorney in my name (Appointment clause)

5. Power Clause
And on my behalf to do all or any of the following acts or things namely:
1. To manage, collect rent and evict any tenant who breaches any of the covenants of my three
duplex apartments in No. 34 Folagoro Street, Shomolu Lagos State; (power clause).

6. Testimonium

IN WITNESS OF WHICH the donor has executed this power of attorney dated this …………day
of ………………. (Testimonium)

7. Execution
SIGNED
---------------------------------
(By the within named Donor)

8. Attestation
IN THE PRESENCE OF:
Signature:
Name:
Address:
Occupation :( Execution and Attestation)

Note: where the Donee is appointed for lease above 3 years or sale of land it must be by deed and
the execution will be;

SIGNED, SEALED AND DELIVERED

By the within named donor
Also note when Power of attorney will be executed by two or more parties as a deed Indenture.

22



Therefore the Complete draft of a Power of Attorney is;

THIS POWER OF ATTORNEY Made on the…………day

of…………………………………………… 20……………….. I, Mrs Florence of No 32 Agbani
Street, Enugu State (Donor) HEREBY APPOINT Ajayi Shehun of No. 1 bologna Street, Ekiti, Ekiti
state (Donee) to be my true and lawful attorney in my name And on my behalf to do all or any of
the following acts or things namely:
a) To manage, collect rent and evict any tenant who breaches any of the covenants of my
three duplex apartments in No. 34 Folagoro Street, Shomolu Lagos State;
IN WITNESS OF WHICH the donor has executed this power of attorney dated this …………day
of ……………….

SIGNED
---------------------------------
(By the within named Donor)

IN THE PRESENCE OF:

Signature:
Name:
Address:
Occupation

23



CHAPTER THREE

COVENANTS AND CLAUSE

1. OPTION TO RENEW
“The Landlord shall on the written request of the tenant made…………… months before
the expiration of the term hereby created, grant to the tenant the lease of the demised
premises for another term of …………. years from the expiration of the term”

2. COVENANT AS TO THE TIME TO PAY RENT

“The Lessee covenants with the Lessor to pay the rent reserved in the lease”.

3. COVENANT FOR INSURANCE

“The tenant/Lessee covenants to insure the demised property against damage or loss by
fire for the sum of N1m with XYZ Insurance Company.”

4. COVENANT TO REPAIR
“The Tenant/Lessee covenants to keep and maintain the premises in a good state of repair,
against wear and tear excepted and to permit the landlord to enter at reasonable times to
view the state of repairs”

5. COVENANT NOT TO ASSIGN OR SUBLET

“The lessee covenants not to assign, sublets or otherwise part with possession of the
demised premises or any part of it”

6. COVENANT RESTRICTING THE USE (USER COVENANT)

“The Lessee covenants to make use of the premises and to permit the premises to be used
for residential only”

7. RENT REVIEW CLAUSE

“The rent reserved in this lease shall be reviewed at the expiration of the current term:
provided that if agreement has not been reached on the review date…, the parties shall do
so by an arbitrator”

THE SENTENCE FORMAT OF THE OPERATIVE PART READS OF A DEED OF

LEASE AS FOLOWS:

THIS DEED WITNESSES AS FOLLOWS

In consideration of the rent and covenants reserved in this sub-lease, the sub-lessor/
lessor as BENEFICIAL OWNER DEMISES to the sub-lessee ALL THAT PARCEL OF
LAND situated at No…… TO HOLD UNTO the sub-lessee for a term of six (6) years,
commencing on 5th August, 2016 and ending on 4th August 2022. PAYING annually
the sum of N2, 000,000.00 (Two Million Naira) only. Clear of all deductions the sum

24


of N2, 000,000.00 (Two Million Naira) only (the receipt of which the sub-lessor
acknowledges).

THE LESSEE COVENANTS with Lessor as follows:

a. “The Lessee covenants with the Lessor to pay the rent reserved in the lease”.

b. “The tenant/Lessee covenants to insure the demised property against damage or

loss by fire for the sum of N1m with XYZ Insurance Company.”

c. “The Tenant/Lessee covenants to keep and maintain the premises in a good

state of repair, against wear and tear excepted and to permit the landlord to
enter at reasonable times to view the state of repairs”

25


CHAPTER FOUR

SEARCH REPORT

This is usually prepared after the parties have carried investigation of the property subject to
transfer. The content of the search report depend on the property of the transaction. For instance;

SEARCH REPORT ON MORTGAGE

1. Date of the search.
2. Name of the borrower
3. Person providing the security.
4. Description of the property
5. Title of the property
6. Any encumbrances
7. Conclusions and advice
SEARCH REPORT ON SALE OF LAND
1. Date of search
2. Place of search
3. Owner of property
4. Nature of interest
5. Whether there is encumbrance
6. Remark/comment

Note, the examiner make ask students to draft a search report with covering letter or without
covering letter, therefore it is important that we know the differences. For Example;

SEARCH REPORT (WITH COVERING LETTER)

EASY READ CHAMBER

Address: Plot 34Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: esayreadcaleb@yahoo.com Website:
Our Ref__________________________ Your Ref_______________________

20th JUNE, 2019

The Branch Manager,

Zenith Bank Plc.,

26


Law School, Agbani,
Enugu.
Dear Sir,

A SEARCH REPORT CONDUCTED ON PLOT 14 INUK STREET, RING ROAD BENIN CITY
EDO STATE
The above subject matter refers.
Kindly find the attached copy of the search report of our findings on the title of Chief Iyare
Timothy on Plot 14 Inuk Street, Ring Road Benin city Edo state.

Yours faithfully,

Oboagwina Caleb Esq.

Principal Partner
ENCL: Search Report

A SEARCH REPORT CONDUCTED ON THE PROPERTY OF ALHAJI USMAN

AMAECHI ADEBAYO
1. Date of Search: This search was conducted on 10th March, 2019
2. Name of Borrower: Chief Iyare Timothy
3. Brief Description of Property: The property is duplex situate at lying and situated at Plot 14
Inuk Street, Ring Road Benin city Edo state designated with the Survey Plan No IB.139/45
registered at the Land Registry of Edo state.
4. Type of Title: The owner is a beneficial owner of the property subject to legal mortgage with
First Bank Plc.
5. Encumbrance(s):- There is subsisting an undischarged legal mortgage with First Bank Plc.
6. Valuation Report: - The property has been valued by a registered estate Valuer to worth the sum
of N320, 000,000.00
7. Conclusion/Opinion: The title is defective unless the mortgagee consents to the sale by using
the purchase price to repay the outstanding loan security on the property.
_____________________
Promise Jimmy Esq.
Legal Counsel
For: EASY READ CONSULTING

SEARCH REPORT (WITHOUT COVERING LETTER)

EASY READ CHAMBER
Address: Plot 34Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: esayreadcaleb@yahoo.com Website:
Our Ref__________________________ Your Ref_______________________

April 23, 2018

Chief Bob Akpan,

No.2, Ribadu Close,
Asokoro, Abuja
Dear Sir,

27


A SEARCH REPORT CONDUCTED ON PLOT 13, JABI DISTRICT, ABUJA
The above subject matter refers. Kindly find the attached copy of the search report of our findings;
1. DATE OF SEARCH: 14/08/09
2. PLACE OF SEARCH: AGIS (Land Registry, FCT)
3. NATURE OF INTEREST: RIGHT OF OCCUPANCY
4. ANY ENCUMBERANCE: EXISTING MORTGAGE WITH STANBIC IBTC BANK,
MAITAMA, ABUJA
5. VALUATION REPORT:
6. COMMENT: NOT ADVISABLE UNLESS THE LOAN IS DISCHARGED

Yours faithfully,
Oboagwina Caleb Esq.
Principal Partner

CHAPTER FIVE

BILL OF CHARGES

This is the instrument used to recover professional fees from a defaulting client. Section 16 (2) (a)
LPA.
CONTENT OF A BILL OF CHARGE
The Legal Practitioners Act, 1975 provides that a bill of charges must contain the following:
1) The Principal items to be charged.
2) Particulars of the principal items.
3) The date on which the principal items were incurred.
4) The signature of the legal practitioner issuing the bill on behalf of the firm.
5) The date on which the bill of charges was issued. The bill must be served personally or by
registered post or left at the client’s last address known to the client.
6) The matters to which the bill of charges relate; and
7) The name of the client to whom the bill of charges is being issued. See NEPA v. Oyekanmi
(1992) 4 NWLR (PT. 237) 636.

PROCEDURE FOR RECOVERY OF PROFESSIONAL FEES USING BILL OF CHARGES

1. The legal practitioner prepares the bill of charges
2. The legal practitioner signs the bill of charges and if it a firm by one of the legal practitioner in
the firm
3. It must be served on the client personally, post or at the last known address of the client
4. The legal practitioner is to wait for one month
5. If the client is in default after one month, then takes a writ of summons at the high court where
the firm operates. S. 16 of LPA

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EXAMPLE OF BILL OF CHARGES

EASY READ CHAMBER
Address: Plot 34Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: easy read @yahoo.com Website: www.sample.com
Our Ref__________________________ Your Ref_______________________

20th MAY, 2019.

Mr. Agor Lucky Chima,

No 24 Aba roads, Port Harcourt
Rivers state

Dear Sir,
BILL OF CHARGES
This is to notify you about your bill of charges for the representation made on your behalf for the
purchase of property located at No24 Elelewno Street, Port Harcourt Rivers State.

The Principal Item Charged: NEGOTIATION FOR PURCHASE OF PROPERTY

Date Particulars of Items Amount
27-4-2010 Expenses Incurred on search N24,000.00
2-12012 Preparation of Document of Transfer N13,500.00
2-1-2012 Legal Practitioners Fee for Negotiating a Purchase of N233,500.00
Property
TOTAL COST N271,000.00

TAKE NOTICE that you are expected to make the payment to the firm’s Account No: 299600267
with Zenith Bank PLC, Bwari Branch on or before 30th June, 2014.

Yours faithfully,
Jaye –Ola Solomon Esq.
Associate Counsel

29


CHAPTER SIX

WILLS AND CODICIL

A will is a testamentary document made voluntarily by a testator with a sound disposing mind and
which is duly executed in accordance with the law. On the other hand a codicil is a miniature will
which could add to, vary or revoke part of a will. A codicil cannot exist on its own it must
supplement an existing will.
SIMILARITIES BETWEEN WILL AND CODICIL
1. Both are testamentary
2. Both are ambulatory
3. Both are revocable
4. Both are depository
DIFFERENCES BETWEEN WILL AND CODICIL
1. A will comes first, a codicil comes last
2. A will is independent while a codicil cannot survive in its own.
PARTICULARS OF INFORMATION REQUIRED TO PREPARE A WILL
1. Taking Proper Instruction through interview of Personal details
2. Manner of distribution of the estate to the beneficiaries
3. Ascertain the Marital status of testator
4. Extent of the testators bounties/properties
5. Previous will made validly
6. Executors
7. Ascertain whether there is need for survivorship provision
8. Ask about his debts and liabilities
9. Mode of distribution
Note directions as to the mode of burial {instructions on funeral arrangement should not be stated in
the will but in a separate paper to be kept by close confidant of the testator}

ADVANTAGES OF A SOLICITOR DRAFTING A WILL

1. The solicitor being presumed to be versed in law, will comply with this requirements of the law
when drafting the will
2. The skills possessed by the solicitor will be employed to prepare the good Will which will
reflect client’s instructions
3. The solicitor is likely to be reliable to keep custody of the will to produce it in the event of the
death of the testator
4. Solicitors have been found to be very useful witnesses in the event of any dispute to prove the
due execution of a Will. Adebajo V. Adebajo

PARTS OF WILLS
Commencement
“THIS IS THE LAST WILL AND TESTAMENT OF Lucky Agor made this 2oth day of February
2019

Revocation clause
I REVOKE all former testamentary dispositions made by me AND DECLARE this to be my last
Will

30


Appointment clause
I APPOINT Favour Iyare (musician) of no 2 Christ embassy street igbogene, Bayelsa state to be the
executor(s) and trustees of my Will. And I DECLARE THAT the expression “MY TRUSTEES”
shall where the context so admits include my trustee for the time being of this my Will.

Legacies clause
1. I GIVE my...........................................
2. I GIVE my...........................................
3. I GIVE my...........................................
4. I GIVE my...........................................
5. I GIVE my...........................................
6. I GIVE my...........................................

Residuary Clause
I DECLARE that if any of my child/children named in this Will dies in my life time leaving
issue/issues, such issue/issues shall be entitled to take by substitution the share of my property that
may said deceased child/children would have taken if he/they had survived me.

Charging Clause
I DECLARE that my said executors/trustees shall be compensated with the sum #200,000 for the
trouble and time expended by them in carrying out my wishes in this Will.

Testimonium
“IN WITNESS OF WHICH I, Jim Mike, have executed this will the day and year first above-
written” Where the date has not been inserted in the Commencement: “IN WITNESS of which I,
Jim Mike, have executed this will this 18th day of February, 2018.”

Execution and attestation

SIGNED by the TESTATOR
………………………………
Agor Lucky
In our presence and attested by us present at the same time, in his presence.

---------------------------
……………………………………………
Mr. Fortune (witness) Jimmy promise
(witness)

CONTENT OF A CODICIL
1. Commencement
2. Purpose clause
3. Testimonium
4. Attestation and execution clause

PARTS OF CODICIL
THIS IS THE FIRST CODICIL to my last will and testament of _____________________ Made
this___ day of_______, 20__

31


I REVOKE clause 4,5,6,7 of my Will made on the 10th of March, 2010 and confirm the will in all
other respects (purpose clause).

IN WITNESS WHEREOF I set my hand the day, month and year first above written

SIGNED by the TESTATOR

………………………………
Agor Lucky
In our presence and attested by us present at the same time, in his presence.

---------------------------
……………………………………………
Mr. Fortune (witness) Jimmy promise (witness)

32


CHAPTER SEVEN
ASSENT
This is a legal document that conveys title to the beneficiary of the deceased estate. Note; A
beneficiary cannot claim his share in the estate of the deceased testator until the executor has given
their assent to the property. See Unoka v. Agili (2007) 11 NWLR (pt. 1044) 122.

CONDITIONS OF A VALID ASSENT

1. Must be in writing
2. Signed by all the personal representatives/executors
3. The property to which the assent is granted must be certain
4. The beneficiary must be stated. See RENNER V. RENNER
5. The grant must be properly cited
6. There must be a will
CONTENT AND PART OF A STANDARD ASSENT
1. Commencement
2. Recital
3. Words of grant
4. Parcel clause
5. Date
6. Testimonium
7. Execution and attestation clause

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EXAMPLE OF AN ASSENT
AN ASSENT IN FAVOUR OF AYINKE OBAJUMO
We, the named Executors/Personal Representatives in the Will made by Chief Alabi Yahaya of No
10 Gbajumo Street, Ojuelegba, Lagos (deceased) dated 2nd October 2018 (name of the executors,
name and particulars of the deceased, time of death) with the grant of probate referred to as
LA/A3/10( grant of probate with probate number) HEREBY TRANSFER to Madam Ayinke
Gbajumo (the Iyaloja of Mushin Market) of No 1 Think Tank Way, Ilupeju (name of the
beneficiary), Lagos ALL THAT two(2) bedroom apartment belonging to the deceased located at No
1 Surulere Way, Lagos bearing the Survey Plan No SVL/02/LAS as directed by the deceased.

Dated this 26th May 2019

IN WITNESS OF WHICH we have executed this Assent in the manner first day and year above
written (Testimonium)

SIGNED BY
Executors and Personal Representatives of the deceased estate

In the Presence of:

Name:
Address:
Occupation:
Signature:

34



35


CHAPTER EIGHT

POLICE BAIL

This is an application made at the police station for the release of a Suspect. Police bail is FREE.
Police bail is done by formal letter.

PRACTICAL STEPS A LAWYER SHOULD TAKE TO SECURE A SUSPECTS RELEASE

FROM THE POLICE STATION
1. Discuss with the officer in charge at the police station to elicit more information about the
allegation against the suspect and the time of his arrest;
2. Make an application for police bail by a formal letter or complete prescribed form at no cost;
3. Provide suitable persons to stand as sureties and obtain any required material (passports);
4. Ensure that the bail bond/ undertaking is fulfilled and signed by sureties;
5. Ensure that there are no irregularities in the process.

OPTIONS AVAILABLE TO ACCUSED PERSONS WHEN BAIL IS REFUSED AT

POLICE STATION
Where the constitutional right of an accused to bail is refused him at the police station, he could
enforce his right through the following means;
1. Habeas Corpus: This remedy is to secure the release or liberty of the subject who’s right to
personal liberty has been lawfully infringed upon and which is better explained by the more
elaborate Latin expression habeas corpus ad subjiciendum meaning a writ directed to the
person detaining another, and commanding him to produce the body of the prisoner, or person
detained. He may apply to the HC of the state where he is being detained for release under
Habeas Corpus procedure. Alhaji Manfred v. IGP & Ors. Order 4 rule 5; Order 5 Rules 3,
4, 5 and 6 of the Fundamental Enforcement Procedure Rules 2009.
2. Fundamental Rights Enforcement: This rules set out the practice and procedure for the
litigation, regulation and prosecution of all matters relating to the enforcements of fundamental
rights of citizens by the courts, pursuant to the provisions of chapter IV of 1999 Constitution.
For an action to be validly commenced under the 2009 rules, the following special procedures
must be complied with:
a) It is commenced first by an application made via any of the originating process;
b) The application above must be accompanied with an affidavit in support;
c) The applicant will also have to be set out Statement of facts of the case; and
d) A written address by the applicant.
Under the Fundamental Rights (Enforcement Procedure) Rules, application is made by
originating motion supported by affidavit and a written address. The respondent has 5 days to
apply by way of a written address and affidavit. The court has 7 days to fix the date for hearing
from date of filing application.
After the processes above are filed, the application is heard in an open court (a High Court) and
determined. An aggrieved person has the following remedies to claims depending on the
circumstance of the case:
1) An order of leave to enforce his rights
2) An order of declaration
3) An order of mandamus
4) An order of injunction
5) Award of damages

36


6) An order of release or habeas corpus
7) An order of certiorari and prohibition
8) Public apology.

37



EXAMPLE OF POLICE BAIL

[Letter Head]
[Date of application]
The Divisional Police Officer,
Bwari Police Station,
Bwari, Abuja.

Sir,
Application for Bail

We are solicitor to Onyemaechi Thank God of 21, Yugo, Bwari, Abuja who is currently under
arrest and detention at your station and shall latter be referred to as “Our Client”. We humbly apply
for his bail on self-recognition.
It is part of our client instruction that he is arrested and detained in connection with alleged offence
of stealing of one MR. Ajayi Shehun of no 3 origin street, Ekiti at central market Abuja

Sir, our client pledge to appear at the station anytime he is requested by you or any of your officers,
we recommend Lucky Chima Agor, roommate of our client of No. 4 Aba Road Port Harcourt, as
surety for our client’ bail
We remain.

Yours Faithfully
-------------------
Oboagwina Caleb
managing partner

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CHAPTER NINE

CHARGES

A charge is a document containing the statement and particulars of offence(s) with which a person
is alleged to have committed and tried before a competent court of law. The main purpose of a
charge is to give the accused or defendant notice of the case against him. See Odeh v Federal
Republic of Nigeria (2008) All FWLR (pt. 424) 1590.
TYPES OF CHARGES
There are three types of charges;
1. Information
2. Charge
3. Charge by First Information Report

HINTS ON DRAFTING A CHARGE IN THE VARIOUS COURTS IN NIGERIA

Drafting charges largely depend on the court and the location;
1. Magistrates’ Court (South)- by way of Charge
2. Magistrate court(north)- Charge by First Information Report (FIR)
3. High Court (south)-by way of information
4. High Court(Lagos)-by way of information
5. High court(North)-by way of Charge (except for Taraba and Adamawa)
6. High court Taraba and Adamawa- by way of information
7. High court (Federal Capital Territory) – Charge or Information
8. Federal High Court- by way of Charge.

CHARGE TABLE

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COURT/ TYPE OF COMPLAINA REFERENC PARAGRAPH (S) SIGNATURE/

LOCATION CHARGE NT E NUMBER FRANKING
SHEET
MAGISTRAT CHARGE BY COMMISSION CASE NO 3 PARAGRAPHS; PRESIDING
E COURT FIRST ER OF 1. INTRODUCTIO MAGISTRATE
NORTH INFORMATIO POLICE N
N REPORT 2. CHARGE(MAIN
BODY)
3. DIRECTION
MAGISTRAT CHARGE COMMISSION CHARGE 1 PARAGRAPH INVESTIGATI
E COURT ER OF NO 1. Charge(main NG POLICE
SOUTH POLICE body) OFFICER
HIGH COURT CHARGE THE STATE CASE NO 1 PARAGRAPH ATTORNEY
NORTH CHARGE(MAIN GENERAL OF
BODY) STATE
HIGH COURT INFORMATIO THE STATE CASE NO 2 PARAGRAPHS; ATTORNEY
NORTH N 1. STATEMENT GENERAL OF
(TARABA OF STATE
AND OFFENCE
ADAMAWA) 2. PARTICULA
RS OF
OFFENCE
HIGH COURT INFORMATIO THE STATE CHARGE 2 PARAGRAPHS; ATTORNEY
SOUTH N NO 1. STATEMENT GENERAL OF
OF STATE
OFFENCE
2. PARTICULA
RS OF
OFFENCE
HIGH COURT INFORMATIO THE STATE CHARGE 2 PARAGRAPHS; ATTORNEY
LAGOS N OF LAGOS NO 1. STATEMENT GENERAL OF
OF STATE
OFFENCE
2. PARTICULA
RS OF
OFFENCE
HIGH COURT INFORMATIO FEDERAL CHARGE 2 PARAGRAPHS; ATTORNEY
FCT (ABUJA) N REPUBLIC OF NO 1. STATEMENT GENERAL OF
NIGERIA OF FEDERATION
OFFENCE
2. PARTICULA
RS OF
OFFENCE
FEDERAL CHARGE FEDERAL CHARGE 1 PARAGRAPH ATTORNEY
HIGH REPUBLIC OF NO CHARGE(MAIN GENERAL OF
COURT OF NIGERIA BODY) FEDERATION
NIGERIA

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CONTENTS OF A CHARGE
1. Heading: These contain basically three (3) features i.e. the name of the court, the division of
the court and the location of the court, all these forms the heading of the court.
For instance:
Magistrate Court
IN THE MAGISTRATE COURT OF KANO STATE
IN THE KANO MAGISTERIAL DISTRICT
HOLDEN AT KANO
High Court
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN LAGOS
High Court of Federal Capital Territory
IN THE HIGH COURT OF FEDERAL CAPITAL TERITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
Federal High Court
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE PORTHARCOURT JUDICIAL DIVISION
HOLDEN AT PORTHARCOURT
2. Reference Number : This is largely dependent on the location of the court i.e. where the court
is situate;
1) In the South it's reference number is indicated as “Charge number”
2) In Lagos it’s reference number is indicated as “Charge number”
3) In the Federal Capital Territory it reference number is indicated as “Charge number”
4) In the North it is indicated as “Case Number”.
5) In the Federal High Court the reference number is indicated as “Charge number”
It is usually situated at the right top flank of the charge sheet and it is immediately after the heading.
Note- the reference number in the Federal High Court still remains as charge number irrespective
of the location i.e. north or south; The sole reason for this is the governing statute is that of the
ACJA 2015.
3. Parties: This is dependent on the court and the Location in which the charge is filed. For
instance:
1) In the Magistrate Court the complainant is usually the “COMMISSIONER OF POLICE”
2) In the High Court the complainant is usually “THE STATE”.
3) In Lagos state High Court the complainant is “THE STATE OF LAGOS”.
4) In the High Court of the Federal Capital Territory, the Complainant is the “FEDERAL
REPUBLIC OF NIGERIA”
5) In The Federal High Court , the complainant is the “FEDERAL REPUBLIC OF
NIGERIA”
Note- the title of the alleged offender depends on the location of the court and the Jurisdiction of
the court. For instance;
1) In the South, Lagos ,Federal Capital Territory and Federal High Court they are
referred to as Defendant and were they are more than one person they are called
Defendants
2) In North they are referred to as Accused and were they are more than one person they
are called Accused Persons

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Example:
BETWEEN
THE STATE OF LAGOS ………………………..
COMPLAINANT
AND
FEMI ADEYEMI …………………………………….. DEFENDANT

In the North
BETWEEN
THE STATE ………………………..
COMPLAINANT
AND
FEMI ADEYEMI …………………… ACCUSED

4. Preamble: This is mainly contained in the High Court Charges usually where it is by
information. However for the purpose of the bar finals, preamble in the High court in the north
is not mandatory. For instance:
At the session Holden at Lagos judicial division on the ……day of ……..2018 the
Court is informed by the Attorney-General on behalf of the State that:
FEMI ADEYEMI (m)
is charged with the following offences:

5. Main Body: These contain the crime which the Accused person or Defendant is alleged to
have committed. The main body of a charge sheet depends on the type of charge;

a. By Charge
Charge one
That you OYEMECHI THANKGOD on or about 7th March 2014 at No 4, Church Road,
Sabon Geri, Kano in the Kano Magisterial District abducted one Haruna Musa and
thereby committed an offence punishable under section 273 of Penal Code Law, Laws of
Kano State and triable by Senior Magistrate Court.

Note; for a charge prepared at the FEDERAL HIGH COURT it is introduced by “count
1”, “count 2”etc.
b. By Information
COUNT 1
STATEMENT OFFENCE
Stealing contrary to section 390 of the Criminal Code Law of Lagos State

PARTICULARS OF OFFENCE
FEMI ADEYEMI on or about 20th August, 2014 at No. 5, Awolowo Road, Ikoyi, Lagos
in the Lagos Judicial Division stole a Nokia 3310 Hand Set property of Mr. Daramola
Stanley.
c. Charge by First Information Report

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I, Mari Ibrahim, Senior Magistrate Grade I charge you OYEMECHI
THANKGOD as follows (introduction)
CHARGE 1
That you OYEMECHI THANKGOD on or about 7th March 2017 at No 4, Church
Road, Sabon Geri, Kano in the Kano Magisterial District abducted one Haruna
Musa and thereby committed an offence punishable under section 273 of Penal
Code Law, Laws of Kano State.
I hereby direct that you be tried for the said offence by the said court. (Directional)
6. Date: The date of the preparation of the charge sheet must be indicated. For instance;
Dated this ……………….day of ………….. 2019

7. Franking: The Name and signature of the person who drafts the charge must be indicated on
the charge sheet.
1) In the Magistrate Court in the South it is drafted by “Investigating Police Officer”.
2) In the Magistrate Court in the North it is drafted by the “Presiding Magistrate”
3) In the Magistrate Court in the Federal Capital Territory it is drafted by both
“Investigation Police Officer” or “Presiding Magistrate”
4) In the High court it is drafted by “Attorney General or Law officers in his office”

8. The address for service of the Accused: This is recent development in the criminal litigation
as the accused person must the served the charge of the offence in which he is alleged for.
This is in compliance with the provision of Section 36 (6) (a) CFRN ’99 as amended;
Section 110(2) ACJA.
TIPS OF CHARGES IN BAR FINALS EXAM
1. Take note of the instructing authority; if it is Attorney GENERAL OF STATE the court is
likely to be the State High Court; where it is ATTORNEY GENERAL OF FEDERATION, it
likely to be the Federal High Court or High Court of the FCT.
2. Take note of the location; it determines whether the charge sheet will be by Charge or
Information, but once it is Federal High Court irrespective of location it must be by charge
3. Take note of the offence, property and victims; that is if one offence is committed against more
than one victim, they should all be placed in a separate count or list of item stolen should be
placed on separate count. See the instance below;
On August 5, 2017, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus who both reside at
No. 25 Odo-dono Street, Calabar, Cross River State, Nigeria were arrested by men
of the Criminal Investigation Department of Nigeria Police Force, Calabar. Their
arrest was in connection with the offences of procuring Miss Martina Opaku, 18
years old, Miss Rosemary Idiba, 17 years old and Miss Eteng Okon, 16 years old, all
of No. 25, Sabo Street, GRA, Calabar for prostitution at Independence Hotel, No.1,
Independence Road, Calabar, Cross River State, Nigeria.

The count should read thus;

COUNT 1
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at No 25
Sabo Street, GRA, Calabar within the Calabar Judicial Division procured 18 years
old Miss Martina Opaku for prostitution and thereby committed an offence
punishable under section 15 (a) of Trafficking in Persons (Prohibition) Law
Enforcement and Administration Act, 2003 (as amended).
COUNT 2
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That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at No 25
Sabo Street, GRA, Calabar in the Calabar Judicial Division procured 17 years old
Miss Rosemary Idiba for prostitution and thereby committed an offence punishable
under section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an
Administration Act, 2003 (as amended).

COUNT 3
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at No 25
Sabo Street, GRA, Calabar in the Calabar Judicial Division procured 16 years old
Miss Eteng Okon for prostitution and thereby committed an offence punishable
under section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an
Administration Act, 2003 (as amended).
Note in the above instance, procure was repeated thrice to reflect the number of victims.

1. Take note of the offenders; if an offence is committed and one or more did not take part,
kindly join him to the offence regardless unless it is charge for Rape and Reckless Driving.
2. Take note of the proper arrangement of the count or charge; The Acronyms of the content
of a count or Charge are (ADPOPVS)
1) A-NAME OF ACCUSED
2) D-DATE OF COMMISSION OF THE OFFENCE
3) P- PLACE OF COMMISSION/ JURISDICTION
4) O- OFFENCE
5) P- PROPERTY
6) V- VICTIMS
7) S- SECTION OF LAW
Note where it is information the “S” moves into the “statement of offence” and you are left
with “ADPOPV” in the “particulars of offence”.
EXAMPLE OF CHARGE SHEET BY THE USE OF QUESTIONS
QUESTION
On August 5, 2017, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus who both reside at No. 25 Odo-
dono Street, Calabar, Cross River State, Nigeria were arrested by men of the Criminal Investigation
Department of Nigeria Police Force, Calabar. Their arrest was in connection with the offences of
procuring, using, offering and deceitfully inducing Miss Martina Opaku, 18 years old, Miss
Rosemary Idiba, 17 years old and Miss Eteng Okon, 16 years old, all of No. 25, Sabo Street,
GRA, Calabar for prostitution at Independence Hotel, No.1, Independence Road, Calabar, Cross
River State, Nigeria. The suspects were alleged to have confined the girls for prostitution at the
Hotel. The Police after investigation forwarded the case file to the Attorney-General of the
Federation who has instructed you, as a Principal State Counsel in his office, to draft the charge, for
arraigning the suspects in court.
Draft the relevant charge(s) for filing at the Federal High Court.

THE LAW
TRAFFICKING IN PERSONS (PROHIBITION) LAW ENFORCEMENT AND
ADMINISTRATION ACT, 2003 (AS AMENDED)
SECTION:
“15 Any person who:-
a) Procures, uses or offers any person for prostitution or the production of pornography, or for
pornographic performances;
44


b) Procures, uses or offers any person for the production and trafficking in drugs;
c) Traffics any person for the purpose of forced or compulsory recruitment, use, in armed conflicts;
Commits an offence and is liable on conviction to imprisonment for fourteen years without an
option of fine”
“19 (1) any person who:-
b) By force compels or by any deceitful means induces any person to go from any place, commits
an offence and is liable on conviction to imprisonment for ten years or to a fine not exceeding
N200, 000.00 or both.
c) Confines or detains another person in any place against his will, or otherwise unlawfully deprives
another person of his personal liberty, commits an offence and is liable on conviction to
imprisonment for five years or to a fine of N100,000 or both”

45



ANSWER QUESTION 1
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE CALABAR JUDICIAL DIVISION
HOLDEN AT CALABAR
CHARGE NO.:_______ ½ MARK
BETWEEN
FEDERAL REPUBLIC OF NIGERIA _______ COMPLAINANT
AND
1. MRS. CHICHI BASSEY – DEFENDANTS
2. MR. NGOZI ITSIFANUS

COUNT 1
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at No 25 Sabo Street,
GRA, Calabar in the Calabar Judicial Division procured 18 years old Miss Martina Opaku for
prostitution and thereby committed an offence punishable under section 15 (a) of Trafficking in
Persons (Prohibition) Law Enforcement and Administration Act, 2003 (as amended).

COUNT 2
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at No 25 Sabo Street,
GRA, Calabar in the Calabar Judicial Division procured 17 years old Miss Rosemary Idiba for
prostitution and thereby committed an offence punishable under section 15 (a) of Trafficking in
Persons (Prohibition) Law Enforcement an Administration Act, 2003 (as amended).

COUNT 3
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at No 25 Sabo Street,
GRA, Calabar in the Calabar Judicial Division procured 16 years old Miss Eteng Okon for
prostitution and thereby committed an offence punishable under section 15 (a) of Trafficking in
Persons (Prohibition) Law Enforcement an Administration Act, 2003 (as amended).

COUNT 4
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division used 18 years
old Miss Martina Opaku for prostitution and thereby committed an offence punishable under
section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an Administration Act,
2003 (as amended).

COUNT 5
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division used 17 years
old Miss Rosemary Idiba for prostitution and thereby committed an offence punishable under
section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an Administration Act,
2003 (as amended).

COUNT 6
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division used 16 years

46


old Miss Eteng Okon for prostitution and thereby committed an offence punishable under section
15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an Administration Act, 2003 (as
amended).

COUNT 7
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division offered 18
years old Miss Martina Opaku for prostitution and thereby committed an offence punishable under
section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an Administration Act,
2003 (as amended).

COUNT 8
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division offered 17
years old Miss Rosemary Idiba for prostitution and thereby committed an offence punishable under
section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an Administration Act,
2003 (as amended).

COUNT 9
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division offered 16
years old Miss Eteng Okon for prostitution and thereby committed an offence punishable under
section 15 (a) of Trafficking in Persons (Prohibition) Law Enforcement an Administration Act,
2003 (as amended). ½ mark

COUNT 10
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division deceitfully
induced 18 years old Miss Martina Opaku to prostitution and thereby committed an offence
punishable under section 19 (1) of Trafficking in Persons (Prohibition) Law Enforcement an
Administration Act, 2003 (as amended).

COUNT 11
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division deceitfully
induced 17 years old Miss Rosemary Idiba to prostitution and thereby committed an offence
punishable under section 19 (1) of Trafficking in Persons (Prohibition) Law Enforcement an
Administration Act, 2003 (as amended).

COUNT 12
That you, Mrs. Chichi Bassey and Mr. Ngozi Itsifanus on August 5, 2017 at Independence Hotel,
No.1 Independence Road, Calabar, Cross River State, in the Calabar Judicial Division deceitfully
induced 16 years old Miss Eteng Okon to prostitution and thereby committed an offence punishable
under section 19 (1) of Trafficking in Persons (Prohibition) Law Enforcement an Administration
Act, 2003 (as amended).
Dated__________ this day of August 2017.
(Principal State Counsel

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Federal Ministry of Justice
For: Hon. Attorney-General of the Federation.

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QUESTION 2
IN THE MAGISTRATES COURT OF KOGI STATE IN THE OKENE JUDICIAL DIVISION
SITING AT OKENE
CHARGE NO.__________
BETWEEN:
THE STATE ____________ CLAIMANT
AND
OBI DAUDA _______ DEFENDANT
I, Inspector Edet Umaru, accuse you, Obi Dauda as follows:-
Count 1
That you, Obi Dauda, on January 10, 2017, at Emirate Road, Okene within Okene Judicial
Division, fraudulently took the sum of ten thousand naira (N10,000) belong to Mallam Yaro Ayuba
and thereby committed and offence contrary to Section 287 of the Criminal Procedure Code Law of
Kogi State and triable by this court.
Signed________________
For: insp. Edet Umaru
Hon. Commissioner of Police
Kogi State Command
i. Serially point out the errors, if any, without redrafting in the charge sheet.
ANSWER TO QUESTION 2
1. The heading of the Court should be in three lines. It should be in the Okene Magisterial
District not Judicial Division. It should be “Holden” at Okene not “Siting” at Okene.
2. ‘Charge No’ is wrong. It should be ‘Case No’
3. It should be ‘Commissioner of Police’ as ‘Complaint and not the State as ‘Claimant’
4. Obi Daudu should be described as ‘Accused’ and not ‘Defendant’
5. The introductory paragraph should contain the name of the Magistrate drafting the Charge
as Police does not draft charge in Magistrate’s Court in the North.
6. It should not be ‘accused you’ but rather ‘charge you’
7. ‘Count 1’ is wrong, it should be ‘Charge 1’
8. In the body of the charge (2nd paragraph) it should be ‘Magisterial District’ and not ‘Judicial
Division’
9. In the body of the charge the description of the offence should be
10. The third paragraph should not be merged together with the 2nd paragraph, thus “triable by
this Court is part of the 3rd paragraph.
11. The signing authority is wrong; it should be the Magistrate who drafted the charge, with his
name and cadre.
12. S.287 Penal Code Law NOT S.287 Criminal Procedure Code Law

ii. As the Defence Counsel, raise a preliminary objection in respect of the above charge, siting
clearly the ground(s) for your objection (without affidavit and written address).
ANSWER TO QUESTION 2 ii
The charge is bad for ambiguity; and The authority that drafted the Charge lacks the power to draft
a charge and commence an action before the court in the North, thus there is nothing before the
Court, see Olatunji v State (2000) FWLR (pt. 30) 2635. 1 mark

iii. Assuming that the Prosecution’s application to amend the charge was granted by the Court,
what step(s) will the Court take before continuing with the trial?
ANSWER TO QUESTION 2 III
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The following are the steps the court would take before continuing with trial;
• The court must read and explain the alteration of addition to the accused person and his plea
taken afresh. See section 208(2) CPC.
• Either the prosecutor or the accused person is entitled to an adjournment of proceeding
immediately with the trial, on the amended charge will be prejudicial to them. See section
209 and 210 CPC.
• A note of the order for amendment shall be endorsed on the charge, which in its amended
form is deemed to be the original charge.
• Either the prosecutor or the accused person may call or recall any witness who may have
given evidence to testify again. See section 211 CPC.
QUESTION 3
On the 10th May 2017, Miracle, Udoh, and Ejike agreed to rob at the Everyday Super market
located at Rumola, Port Harcourt, Rivers state. On the 20th May 2017, the date fixed for the
operation, Miracle had an accident and could not turn up for the operation. At about 9:00 pm, the
duo flagged down a taxi cab along Aba road, Port Harcourt. The instructions to the driver were
simple:
Take us to Everyday Super market located at Rumola, park exactly where we ask you to park.
Leave the engine on, because our assignment is short. When we are back in the cab, take off
without stopping for any one unless we ask you to do so!
Thus, the unsuspecting driver of the taxi cab with registration number AX 121ACD drove the duo
to Everyday Super market located at Rumola, Port Harcourt. The name of the driver is Mercy. At
the gate to the supermarket, the driver was asked to park while the passengers alighted. Udoh had a
pistol concealed in his pocket. Ejike knocked down the security man at the entrance to the super
market with his baton and stood over him. Udoh entered the super market and with his gun pointed
at the sale girl and the helpless customers emptied the safe. Before he could put all his money in his
bag, he heard a whistle blown by Ejike signalling the presence of the police. Udoh managed to
escape with the loot through the nearby window. Frightened by the presence of the police, the taxi
driver drove away with his cab. The security man sustained serious injury in his left arm. They have
all been apprehended and the Honourable Attorney General of Rivers state has asked you as state
counsel to draft the charge(s) to enable him file the information.

Draft the charge(s)

THE LAW
CRIMINAL CODE LAW OF RIVERS STATE
Section 402 (1)
Any person who commits the offence of robbery shall upon conviction be sentenced to
imprisonment for not less than 21 years.
Section 402 (2)
If any offender mentioned in subsection (1) is armed with any firearms or any offensive weapon or
any obnoxious or chemical materials or is in company with any person so armed; or; Section 402
(2) (b) Or immediately before or immediately after the time of robbery, the said offender wounds
any person, the offender shall upon conviction be sentence to death.

Section 403 A
Any person who conspires with any person to commit an offence under Section 402 of this law
whether or not he is present when the offence was committed, shall be deemed to be guilty of the
offence as a principal offender”

50


Section 355
Any person who unlawfully assaults another and thereby does him harm is guilty of a felony, and is
liable to imprisonment for three years.

Section 516
Any person who conspires with any person to commit an offence whether or not he is present when
the offence was committed, shall be deemed to be guilty of a felony, and liable if no other
punishment is provided, to imprisonment for seven years.

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ANSWER TO QUESTION 3
IN THE HIGH COURT OF RIVERS STATE
IN THE PORT HARCOURT JUDICIAL DIVISION
HOLDEN AT PORTHARCOURT
CHARGE NO ………………
BETWEEN
THESTATE …………………………..………………… COMPLAINANT
AND

MIRACLE,
UDOH,
EJIKE ……………………………………………… DEFENDANTS
At the session Holden at Port Harcourt rivers state on the …………. Day of………………., the
court is been informed by the Attorney General of the state on behalf of the state of the followings;
1. Miracle
2. Udoh
3. Ejike
Are charged with the following offences
COUNT 1
STATEMENT OF OFFENCE
Conspiracy contrary to section 516 of the Criminal Code Law of River State
PARTICULARS OF OFFENCE
Miracle, Udoh, and Ejike on or about On the 10th May 2017,at Rumola, Port Harcourt, in Port
Harcourt Judicial Division agreed to rob Everyday Super market at Rumola, Port Harcourt, Rivers
state. 3
COUNT 2
STATEMENT OF OFFENCE
Armed Robbery contrary to section 402 (2) (b) of the Criminal Code Law of River State
PARTICULARS OF OFFENCE
Miracle, Udoh, and Ejike on or about On the 20th May 2017,at Everyday Super market Rumola,
Port Harcourt, in Port Harcourt Judicial Division while armed with fire arm and offensive weapons
robbed Everyday Super market at Rumola, Port Harcourt, Rivers state.

COUNT 3
STATEMENT OF OFFENCE
Assault contrary to section 355 of the Criminal Code Law of River State
PARTICULARS OF OFFENCE
Miracle, Udoh, and Ejike on or about On the 20th May 2017,at Everyday Super market Rumola,
Port Harcourt, in Port Harcourt Judicial Division unlawfully assaulted a security man by knocking
him down thereby causing a serious injury to his left arm at the gate of Everyday Super market at
Rumola, Port Harcourt, Rivers state.

Date this ……………………. Day of ………………………………20….. (Date of exams)

Signed…………….
Principal State Counsel

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For: Attorney General of River state
Ministry of Justice, Rivers state

53


CHAPTER TEN
COURT BAIL
Once a person has been arraigned in court, his counsel needs to apply for bail after his arraignment.
GENERAL CONDITIONS OR FACTORS FOR THE GRANT OR REFUSAL OF
BAIL
1. Nature/gravity of the offence or severity of punishment for the offence. See Anaekwe V. COP
2. Availability of the accused to stand trial
3. Nature, character and quality of available evidence against the accused i.e. Strong indication of
commission of a serious offence as against weak proof/trivial offence. See Abacha V. State;
Nwoke V. FRN.
4. Likelihood of commission of another offence while on bail. See R V. Jammal
5. Criminal Records of the accused if he is a first offender or not. See Eyu V. State; Ajudua V.
FRN.
6. The Prevalence of the offence. See The State V Felix
7. Detention of the accused is for his Protection/safety. See Bamaiyi Vs. The State
8. Interference with police investigation or prosecution. See DANTATA VS. IGP.
9. Medical or health grounds. See Fawehinmi Vs. The State; Ani V. State.
OPTIONS OPEN TO A COURT WHEN AN ACCUSED PERSON JUMPS BAIL
1. Revoke his bail.
2. Issue a bench warrant for his arrest.
3. Order the forfeiture of the bail bond
4. Order surety to pay the said sum
HOW TO MOVE AN APPLICATION FOR BAIL
1. My Lord, we have an application before this Honourable Court by way of motion on Notice
dated…... which has been duly served on the prosecution “
2. Our motion is brought pursuant to section 36(5) of the Constitution of the Federal Republic of
Nigeria 1999 and the inherent power of this Honourable Court”
3. My Lord, we seek the following reliefs; an order of the court admitting the 1st accused
person/applicant to bail pending the determination of his trial and other orders as the Court may
deem fit to make in the circumstances “.
4. Our application/motion is supported by a 10 paragraph affidavit sworn to by Thank God
Onyemaechi and we rely on all the paragraphs of the affidavit, also accompanying the affidavit
are …………….. Exhibits marked as……………
5. We have also filed a written address in support of our application. We wish to adopt same( if
any);
6. We humbly pray this honourable court to grant bail to the accused on liberal terms;

EXAMPLE OF COURT BAIL

HIGH COURT IN THE NORTH uses Motion on Notice (N- North N- Notice)

IN THE HIGH COURT OF KANO STATE

IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
CASE NO:……………..
BETWEEN
THE STATE ……………
COMPLAINANT/RESPONDENT
54


AND
OLUWA SHEHUN… ……………… ACCUSED/APPLICANT

MOTION ON NOTICE
BROUGHT UNDER SECTION 341(3) OF THE CRIMINAL PROCEDURE CODE LAW OF
KANO STATE AND SECTION 36(5) OF THE CONSTITUTION OF THE FEDERAL
REPUBLIC OF NIGERIA 1999
TAKE NOTICE that this Honourable court shall be moved on the …..Day of ….2019 at the hour of
9 o’clock or so soon thereafter as counsel for the Accused/Applicant, OLUWA SHEHUN shall be
heard praying this Honourable court for:

1. AN ORDER admitting OLUWA SHEHUN the accused/applicant to bail;

ANY FURTHER ORDER OR ORDERS as this Honourable court may deem fit to make in
the circumstance.

Dated this ………. Day of …….. 20………….. [Date of the exams]

…..…………………..
Oyanrin Michael Esq.
Oyatobility chambers,
Counsel to the Applicant.
FOR SERVICE ON:
The Attorney-General,
Ministry of Justice,
Kano State

55


HIGH COURT IN THE SOUTH uses summons (S- summons S south)

IN THE HIGH COURT OF OYO STATE

IN THE IBADAN JUDICIAL DIVISION
HOLDEN AT IBADAN
CHARGE NO…………….
BETWEEN:
THE STATE ………………………….
COMPLAINANT/RESPONDENT
AND
AKINDELE FEMI ……………………….. ACCUSED/APPLICANT

SUMMONS BROUGHT UNDER SECTION 118(1) OF THE CRIMINAL PROCEDURE LAW

OF OYO STATE AND SECTION 36(5) OF THE CONSTITUTION OF THE FEDERAL
REPUBLIC OF NIGERIA 1999.
LET ALL PARTIES concerned attend this Honourable court on the …..day of ….2018 on the
hearing of an application on the part of counsel for Accused/Applicant for;
AN ORDER admitting AKINDELE FEMI the Accused/Applicant to bail in respect of the charge
No……………………….
AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable court may deem fit to
make in the circumstances.

Dated this ………. Day of …….. 20………….. [Date of the exams]

………………
Oboagwina Caleb Esq,
Easy Read Chambers
Ibadan.
Counsel to the Applicant.
FOR SERVICE ON:
The Attorney-General,
Ministry of Justice,
Oyo State

AFFIDAVIT IN SUPPORT OF BAIL APPLICATION

IN THE HIGH COURT OF KANO STATE

IN THE KANO JUDICIAL DIVISION
HOLDEN AT KANO
CASE NO……………….
BETWEEN
THE STATE …………………
COMPLAINANT/RESPONDENT
AND
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OLUWA SHEHUN… ……… ACCUSED/APPLICANT
AFFIDAVIT IN SUPPORT OF APPLICATION FOR BAIL
I, Oluwa Shehun, male, adult Nigerian, resident at 15, Udoneria Street, Shomolu, Lagos, do
hereby make oath and state as follows:
1. That I am the accused/applicant in this case and by virtue of my position, I am conversant
with the facts of the case and the circumstances leading to this case.
2. That I was arrested by the police officers of the Kano Division, Kano on Friday the 20th of
February 2014 on the allegation of robbery of one Miss Akoura Chinelo on the dame date.
3. That we were arraigned before the Judge of the High Court Kano, on 20th March 2014 on a
charge of robbery. The charge sheet is hereby attached and marked as EXHIBIT K1
4. That I have never been arrested, charged nor convicted of any offence before.
5. That I am an out-patient at the Gwagwalada Specialist Hospital where I have been
undergoing treatment for renal failure. The report is hereby attached and marked EXHIBIT
K2.
6. That the prison which I am kept has no facilities for the treatment of the kind of ailment.
7. That I can barely stand on my feet for more than 10 minutes at most.
8. That I make this affidavit in good faith believing same to be true by virtue of the Oaths Act
----------------------------------
Deponent
SWORN to at the High Court Registry, Abuja
This _______day of_______2015
BEFORE ME
__________________________
COMMISSIONER FOR OATHS

QUESTION 1
On or about the 13th day of April, 2018, Dodo Oluwole and Gorimapa broke into the house of
Alhaji Bala Danladi in Jaji area of Suleja in Niger State. They disarmed the security and tied him
down to gain access into the compound. Alhaji Bala Danladi was away on business trip while his
wife and daughter were assaulted and robbed.
Aisha Danladi (daughter) was raped several times by Oluwole despite passionate pleas from her
mother, Hajia Maimunat. Maimunat was slapped and shoved into the bedroom and ordered to bring
out her valuables worth millions of Naira and carted same away.
On their way out Dodo noticed that the security man had untied himself. He (Dodo) shot him in the
head. The security man died instantly. The robbers’ spotted Alhaji Danladi’s brand new Toyota
Prado jeep parked in the garage, demanded for the key and drove it away with their loot.
Luck however ran out on them when they tried to cross the border to sell the car. They were
apprehended and taken into custody. Whilst in custody, Dodo, the 1st accused person became
critically ill and was diagnosed with hypertension and diabetes.
They were later arraigned before the High Court, Suleja, Niger State on the three counts of culpable
homicide punishable with death, rape and assault. The 1st count was for both culpable and rape and
the 2nd count was for assault alone.

a. Draft the application with particular reference to the health condition of Dodo.
ANSWER TO QUESTION 1 a
IN THE HIGH COURT OF NIGER STATE
IN THE MINNA JUDICIAL DIVISION
HOLDEN AT MINNA

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CASE NO._____
BETWEEN
THE STATE – COMPLAINANT/RESPONDENT
AND
MATHEW DODO – ACCUSED/APPLICANT
MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 34(5) OF THE CONSTITUTION OF THE FEDERAL
REPUBLIC OF NIGERIA, 1999 AND SECTION 341(2) OF THE CRIMINAL PROCEDURE
CODE AND THE INHERENT JURISDICTION OF THE HONOURABLE COURT
TAKE NOTICE that this Honourable Court will be moved on____ the day of___ 2018 at the hour
of 9:00 AM in the forenoon or so soon thereafter as Counsel to the Accused/Applicant may be
heard praying the court for the following reliefs;
1. An order admitting the Accused/Applicant to bail pending the determination of this case.
2. Any order or further order as the Honourable Court may deem fit to make in the
circumstances of the case.
Dated this_____ day of____ 2018
Signed_____________
A.B & Co
Counsel to the Accused/Applicant
No.1 Emir Road, Minna.
FOR SERVICE ON:
Attorney General, Niger State
Ministry of Justice, Minna.

IN THE HIGH COURT OF NIGER STATE

IN THE MINNA JUDICIAL DIVISION
HOLDEN AT MINNA
CASE NO._____
BETWEEN
THE STATE –
COMPLAINANT/RESPONDENT
AND
MATHEW DODO – ACCUSED/APPLICANT
AFFIDAVIT IN SUPPORT OF MOTION FOR BAIL
I, Sunday Dodo, Male, Nigerian, Christian of No.20 Old Minna-Abuja Road, Minna, Niger State,
do hereby make oath and state as follows:
1. That I am the brother of Mathew Dodo, the accused in this case and I have authority and
consent of the Applicant to depose to this Affidavit.
2. That the accused person is standing trial before this Honourable Court for Culpable
Homicide, Rape and Assault.
3. That the accused was arrested on 10th January, 2018 and detained at the Minna Central
Police Station.
4. That the accused person suddenly took ill and has been diagnosed with hypertension and
diabetes. A copy of the medical report of the accused’s state of health is attached herewith
and marked as Exhibit A.
5. That there are no adequate medical facilities in the Prisons to cater for this sickness.
6. That the accused needs to visit the hospital regularly to attend to his health.
7. That the accused person will attend to his trial if granted bail.

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8. That the accused will provide reliable sureties if granted bail.
9. That it is in the interest of justice to grant the accused bail.
10. That I swear to this affidavit in good faith.

____________
DEPONENT
SWORN TO AT THE HIGH COURT REGISTRY, MINNA
This____ Day of___ 2018.
BEFORE ME

COMMISSIONER FOR OATHS

59



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CHAPTER ELEVEN
GROUNDS OF APPEAL
Grounds of appeal deal with specific errors made by the Court, while Issues for determination deal
with series of questions that arose for determination out of the grounds. Hence, there could be few
issues arising from several grounds. What that means is that the number of issues for determination
in a brief of argument must not be more than the number of grounds contained in the brief. An
issue formulated for determination may encompass or derive from one or more grounds of appeal
but an issue which does not arise from the ground of appeal is no issue properly formulated and
such issue shall be struck out by the Court of Appeal.

EXAMPLES OF GROUNDS OF APPEAL

“GROUND ONE
The learned trial court erred in Law when it held that Police Officers have no power to
prosecute Criminal cases in the superior Courts.
PARTICULARS OF ERROR
There is nothing in the law limiting the powers of public prosecution of the police to the
inferior courts.
GROUND TWO
The trial court erred in law when it held that a Police Officer must be a qualified Legal
Practitioner to prosecute Criminal Cases in the superior Courts
PARTICULARS OF ERROR
The law empowering the police to prosecute cases in the superior courts does not limit the
exercise of the power to the lawyers in the service of the Police Force.”

OMNIBUS GROUNDS OF APPEAL

“That the decision of the court is unreasonable and cannot be supported by evidence”

61



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CHAPTER TWELVE
MEMORANDUM OF ASSOCIATION
Memorandum of association defines the company, what the company is made up of and the purpose
of its formation as provided by law.
EXAMPLE OF MEMORANDUM OF ASSOCIATION
Heading
THE FEDERAL REPUBLIC OF NIGERIA
THE COMPANIES AND ALLIED MATTERS ACT 1990
MEMORANDUM OF ASSOCIATION OF ISAAC JIMMY LIMITED
Name clause
The name of the Company is ISAAC JIMMY LIMITED
Registered office clause
The Registered Office of the company shall be situated in Nigeria.
Object Clause
1) The business for which the company is established are:
1) To carry on the business as established are:
Journalists literary advertising and publicity agents, printers, engravers, bookbinders,
designers and draughts men and to sell and act as agent for the sale of journals and other
publications of all kinds.
2) Any other matter necessary or incidental to the objects stated above
Status clause
The company is a private company

Liability clause
The liability of the members is limited by shares.

Share Capital Clause

The authorized share capital of the company is One Hundred Thousand Naira
(100,000.00)divided into 100,000 Naira ordinary shares of One Naira each (with such respective
rights as are defined by the Articles of Association registered herewith)
Subscription clause
We the several persons, whose names and addresses are subscribed, are desirous of being formed
into a company, in pursuance of this Memorandum of Association, and we respectively agree to
take the number of shares in the capital of the company set opposite our respective names.

Subscription box
NUMBER OF
NAMES AND DEESCRIPTION SHARES
SIGNATURE OF
ADDRESSES OF TAKEN BY
SUBSCRIBERS
OF SUBSCRIBER EACH
SUBSCRIBER SUBCRIBER

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Total Shares
Taken

DATED THE .......... DAY OF .................. 20……

Attestation
WITNESS TO THE ABOVE SIGNATURES:
NAME……………………………………
ADDRESS: ……………………………...
SIGNATURE …………………………
OCCUPATION…………….……………

MEMORANDUM OF ASSOCIATION COMPANY LIMITED BY GUARANTEE

THE FEDERAL REPUBLIC OF NIGERIA

COMPANIES AND ALLIED MATTERS ACT 2004
(COMPANY LIMITED BY GUARANTEE)
MEMORANDUM OF ASSOCIATION
OF
ADAJI MEMORIAL COLLEGES AND SCHOOL LTD/GTE
1. The name of the company is ‘’the Adaji Memorial Colleges and Schools Limited Guarantee’’.
2. The registered office of the company will be situated in Nigeria.
3. The objects for which the company is established are:
a. The promotion of education and research in Benue State, any other State in Nigeria and
abroad.
b. To do all such things incidental to the attainment of the above object.
4. The company is a private company.
5. The liability of the members is limited by guarantee
6. The income and property of the company shall be applied solely towards the promotion of its
objects, and no portion of the income or property shall be paid or transferred directly or
indirectly to the members of the company. However, nothing herein shall prevent the payment
in good faith of remuneration to any servant of the company or to any other person, for
services actually rendered.
7. Every member of the company undertakes to contribute to the assets of the company in the
event of the company being wound-up where he is a member or within one year after he ceases
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to be a member, and the costs, charges and expenses of winding-up which shall not be less than
N10,000.00
8. If upon the winding-up or dissolution of the company there shall remain after the satisfaction
of all its debts and liabilities any property of the company, the same shall not be paid or
distributed among the members of the company but shall be given or transferred among some
other companies having similar objects of this company which shall be determined by the
members prior to the dissolution of the company. (Special Clause)

We, the several persons whose names and addresses are subscribed, are desirous of being formed
into a company limited by guarantee in pursuance of this Memorandum of Association.

Name of subscriber Address Description Sign.

Joseph Terh 5 Adeola St. Lagos School master
Daniel Adeji 10 Ankpa Road, akurdi Principal
Benue State.
Cecilia Kuku Schoolmaster

DATED THIS …………..DAY ……. 20……

WITNESS to the above signatures:

Name:
Occupation:
Address:
Date:
Signature:

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CHAPTER THIRTEEN
ARTICLE OF ASSOCIATION
What should be contained in the articles of association has been provided for in part I, II, III and IV
of the First Schedule to the CAMA as it relates to public company limited by shares, private
company limited by shares, private company limited by guarantee and unlimited liability company
respectively. Thus what is to be done is to adopt the provisions in the schedule to the CAMA with
modification where permissible, and addition or omission.
The contents of articles of association are as follows; See S. 34 CAMA part I, II, III, IV of Table
A, First Schedule to CAMA; Interpretation, shares (class, variation), call on shares, transfer of
shares, transmission of shares, increase of share capital, borrowing, meeting of company, notice of
meetings, proceedings of meeting, chairman, voting, poll, proxy, written resolution, number of
directors, appointment of first directors & or directors, casual vacancy, share qualification, life
director, tenure of office of director, removal of directors, common seal – custody, official seal,
dividends and reserve, declaration of dividends, winding up, indemnity.
EXAMPLE OF MODIFY ARTICLE OF ASSOCIATION
FEDERAL REPUBLIC OF NIGERIA
COMPANIES AND ALLIED MATTERS ACT
CAP C20, LAWS OF THE FEDERATION OF NIGERIA, 2004
COMPANY LIMITED BY SHARES
ARTICLES OF ASSOCIATION
OF
………………………………………………………………………………………………………
(PURSUANT TO SECTION 33 AND 34 OF THE COMPANIES AND ALLIED MATTERS
ACT 1990)
The form and content of the Articles of Association of this company is in accordance with;
Part I (Public Limited by Share)
Part II (Private Company Limited by Share)
Part IV (Unlimited Company)
Respectively of Table “A” in schedule 1 of this Act, with additions, omissions, or alteration as
may be required in this circumstances.
NAMES AND DESCRIPTION OF NUMBER OF SIGNATURE OF
ADDRESSES OF SUBSCRIBER SHARES TAKEN BY SUBSCRIBER
SUBSCRIBER SUBSCRIBER

Samuel Abu Businessman - Signature

No. 24 Jos Road,
Abuja

Ajayi Ise Businessman - Signature

No. 10 Abeokuta Lane,
Kaduna, Kaduna State

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NAMES AND DESCRIPTION OF NUMBER OF SIGNATURE OF
ADDRESSES OF SUBSCRIBER SHARES TAKEN BY SUBSCRIBER
SUBSCRIBER SUBSCRIBER

Emeka Onye Businessman - Signature

No. 20 Ibrahim Taiwo
Road, Kano, Kano
State

DATED THE____ DAY OF___ 20………

WITNESS TO THE ABOVE SIGNATURES
NAME: ________
ADDRESS: _____
OCCUPATION: ______
DATE: ______

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CHAPTER FOURTEEN
NOTICE OF INTENTION (Special Notice)

Notice of intention relate to the applicant intention to move a resolution at General meeting. It
should be sent to the Board of director not less than 28 days before the meeting. It is also refer to as
Special Notice or 28 days’ notice.
EXAMPLE OF NOTICE OF INTENTION
ISAAC & JIMMY LIMITED
No. 23 Bwari Crescent, Bwari, Abuja

The Directors
Isaac & Jimmy Ltd
No. 23 Bwari Crescent,
Bwari, Abuja.
I hereby give notice pursuant to sections 262 and 263 of Companies and Allied Matters Act, Cap
C20, LFN 2004; I hereby give special notice of my intention to move the following ordinary
resolution at a general meeting of the company, to be held not earlier than 28 days from the date
of this notice.
ORDINARY RESOLUTION
That ……………………………………….. (Name of director) be and is hereby removed from
office as a director of the company.

Dated this …………….. Day of …………

Yours faithfully,
___________________
(Sign)
____________________
(Name)

ISAAC & JIMMY LIMITED

No. 23 Bwari Crescent, Bwari, Abuja

The Directors
Isaac & Jimmy Ltd
No. 23 Bwari Crescent,
Bwari, Abuja.

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I hereby give notice pursuant to sections 246, 247, 248 and 249 of the Companies and Allied
Matters Act, Cap C20, LFN 2004, I hereby give special notice of my intention to propose the
following ordinary resolution at a general meeting of the company, to be held not earlier than 28
days from the date of this notice.
ORDINARY RESOLUTION
That ……………………………………….. (Name of proposed director) be and is hereby
appointed as director of the company.
Dated this …………….. day of ………………….
Yours faithfully,
___________________
(Sign)
____________________
(Name)

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CHAPTER FIFTEEN
NOTICE OF COMPANY MEETINGS
A proper notice of every general meeting must be given to members unless the articles otherwise
provide; such notice must contain the requisite information, and sufficient time must be allowed
and the notice must be properly served. Note that; the Length of notice for calling a meeting is 21
days from the date on which the notice was sent out. See section 217 CAMA.

THOSE ENTITLED TO RECEIVE NOTICE OF A GENERAL MEETING

1. Every member;
2. Every person upon whom the ownership of a share devolves by reason of his being a legal
representative, receiver or a trustee in bankruptcy of a member
3. Every director of the company;
4. Every auditor of the company for the time being; and
5. The secretary. See generally section 219(1) CAMA.
EFFECT OF FAILURE TO GIVE NOTICE
Failure to give notice of any meeting to person entitled to receive notice shall invalidate the meeting
unless such failure is an accidental omission on the part of the person or persons giving the notice –
s. 221(1) CAMA. Accidental omission does not include misinterpretation of the provisions of
CAMA or of the articles of a company – s. 221(2) CAMA

EXAMPLE OF NOTICE OF COMPANY MEETINGS

a) EXTRA-ORDINARY GENERAL MEETING
FISH TALE PLC
(ADDRESS)
RC NO_____
NOTICE OF EXTRA-ORDINARY GENERAL MEETING PURSUANT TO S.215 OF CAMA
NOTICE IS HEREBY GIVEN that an Extra-Ordinary General Meeting of the company will be
held on the____ day of____ 20___ at ____ venue____ at ___ (time) to transact the following
business.
SPECIAL BUSINESS
To increase the Authorised Share Capital of the company from N2,000,000 to N20,000,000 by the
creation of additional share capital of N18,000,000 ordinary share of N1 each ranking parri passu
with the existing shares in the share capital of the company.

Dated this_____ day of_____ 20____

BY THE ORDER OF THE BOARD

Signature
COMPANY SECRETARY

b) ANNUAL GENERAL MEETING

AGOR LUCKY LIMITED

RC NO 0867
NOTICE OF 7TH ANNUAL GENERAL MEETING
NOTICE IS HEREBY GIVEN that the Seventh Annual General Meeting of members of Agor
Lucky Limited will be held at the Conference/Banquet Hall, Sheraton Hotels and Towers,
Maitama, Abuja on 20TH FEBRUARY 2018 at 10.30 am to transact the following business.

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Ordinary Business
1) To receive and consider the financial statement for the year ended 31st December together
with the Directors and Auditors' Report thereon. (To receive the Report of the Audit
Committee)
2) To declare a final dividend…………….
Special Business
1) To approve the remuneration of the Directors.

Dated this............. Day of........ 2018.

By Order of the Board
Company Secretary
c) STATUTORY MEETINGS

ISAAC PROMISE NIGERIA PLC.

RC 5668
NOTICE OF STATUTORY-MEETING
NOTICE IS HEREBY GIVEN that the Statutory Meeting of the above named Company required to be
held by section 211 of the Companies and Allied Maters Act 1990 will be held
at.............................................................. on the ........................ day of ............ at 9 o'clock a.m./p.m. for the
purpose of considering the statutory report and of considering all other business which ought to be
conducted at such statutory meeting.
Dated this ..............Day of………….2014.

By Order of the Board

----------------------------------

NOTICE OF COURT ORDER MEETING

IN THE FEDERAL HIGH COURT OF FEDERAL REPUBLIC OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/10/18

IN THE MATTER OF COMPANIES AND ALLIED MATTERS ACT

AND
IN THE MATTER OF APPLICATION UNDER SECTION 539 THEREOF
IN RE
ISAAC PROMISE NIGERIA PLC. RC 5668 AND ITS SHAREHOLDERS

MEETING OF SHAREHOLDERS OF ISAAC PROMISE NIGERIA PLC

NOTICE IS HEREBY GIVEN that by an order dated……………. In the above matter, the
Federal High Court has direct that a meeting be convened for the purpose of
………………………………………………………………….( PURPOSE OF THE MEETING).
The meeting will be held on ………….. day of ………………….. 2018.

DATED 25TH DAY OF April 2018

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Oboagwina Caleb Esq.

ISAAC PROMISE NIGERIA PLC
No 12 Aikman, Maitama,
Abuja.

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CHAPTER SIXTEEN
COMPANY RESOLUTION
Decisions of a company are made by resolution arrived at through voting. The following are the
types of resolutions namely-. See section 233 CAMA
TYPES OF RESOLUTIONS
There are 3(three) types of resolution;

1. Ordinary resolution: This is used for all Ordinary business of an Annual General Meeting. It
is also used for special businesses such as Increase of capital; and Removal of a director. It is
determined by simple majority vote.
2. Special resolution: This is used for Special Business such as, alteration of the objects clause of
the memorandum – Section 46 of CAMA; To change the name of the company – section
31(3) of CAMA; To alter any provision in the memorandum – section 44(5) of CAMA; To
reduce capital, on the authorization of the article of association with the consent of the court –
section 106(1) of CAMA; To make the liability of the directors unlimited on the authorization
of the articles of association – section 289 of CAMA; To effect a winding-up by the court –
section 408(a) of CAMA; Winding-up voluntarily – section 457(b) of CAMA; To re-register
a private company with a share capital as a public company – section 50(1)(a) of CAMA; To
re-register an unlimited company as a private company limited by shares – section 52(1) of
CAMA; To re-register a public company as a private company – section 53(1)(a) of CAMA;
To reduce any capital redemption fund – TABLE ‘A’ Article 6 of CAMA; To reduce any
share premium account – TABLE ‘A’ Article 6 of CAMA; To create reserve capital – section
134 of CAMA; and To alter the articles of association – section 48(1) of CAMA. It is
determined by 75% of the number of the total votes cast.

3. Written resolution: Section 234 CAMA provides that all resolutions shall be passed at general
meetings and shall not be effective unless so passed; Provided that in the case of a private
company, a written resolution signed by all the members entitled to attend and vote shall be as
valid and effective as if passed in a general meeting. In written resolution, no meeting is held.
A public company cannot pass a written resolution at their General meetings. Only
private companies can pass written resolution. A written resolution is a resolution passed
without a formal physical meeting of members who are entitled to attend and vote. It dispenses
with attendance, but the resolution must be duly passed. Written resolutions must be signed by
or on behalf of all the members of the company who at the date of the resolution would be
entitled to attend and vote at the meeting. It is achieved by the circulation of the resolution for
signature. The date of the resolution is the date when the resolution is signed by or on behalf of
the last member of the company required to sign. Any resolution passed this way has the same
effect as if it was passed at properly constituted meeting. Note that an online voting will
produce a written resolution since there is no physical meeting.
EXAMPLE OF RESOLUTION

{Name of the Company}

RESOLUTION FOR ……………… (PURPOSE OF THE MEETING)
(Pursuant to sections ………..of CAMA)

At the general meeting of Isaac & Jimmy Nigeria Ltd held on the 25th day of April, 2018 at No. 23
Bwari Crescent, Abuja at 9:00am, it was resolved:

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1. THAT………………………………(purpose of the meeting)

2. THAT the Secretary of the company should and is hereby directed to prepare and file every
necessary document for submission to C. A. C.

Dated this 25th day of April, 2018

By the Order of the Board

---------------------- -----------------------
Director secretary

FOR INSTANCE;
FISH TALE PLC
(ADDRESS)
RC NO._______
ORDINARY RESOLUTION PURSUANT TO S.362 CAMA
At an Extra-Ordinary General meeting of the company held at____ venue___ on the____ day
of____ 2018, it was resolved as follows:-

‘That Mr. Jonah Adams be removed and is hereby as the Auditor of the company’.

DATED THIS_____ DAY OF_____ 2018

_______ ____________
DIRECTOR SECRETARY

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CHAPTER SEVENTEEN

LETTER
SEARCH REPORT
EASY READ CHAMBER
Address: Plot 34, Richard Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: easy read @yahoo.com Website: www.easyread.com
Our Ref__________________________ Your Ref_______________________

20th October, 2018

Mr. Oluwa Shehun Ijayi,

The Company Secretary,
Premier Bank Plc,
11 Oye Street,
Lagos State.

Sir,
RE: CORPORATE SEARCH REPORT OF TROPICAL INVESTMENT LIMITED
We refer to the above subject matter.
We are glad to inform you that a corporate search has been carried out on Tropical Investments
Limited. Attached to this letter is the search report.
Thank you.
Yours faithfully,
(Signature)
Oboagwina C.

ENCLS:
1. A copy of the search report
2. CTC of Certificate of Incorporation
3. CTC of Statement of authorised share capital
4. CTC of particulars of directors

SEARCH REPORT ON TROPICAL INVESTMENT LIMITED

1. Date of search: 24th October, 2018.
2. Place of search: Corporate Affairs Commission
3. Name of company: Tropical Investments Limited
4. RC Number: No 728
5. Registered offices: 5, Ahmadu Bello Way, Victoria Island, Lagos.
6. Date of incorporation: 17th June, 2013.
7. Business/object: Hotel and House keeping
8. Directors: Mr Agor Lucky; Jimmy Jones; Adubazi Isaac.
9. Share capital: N2, 000,000 divided into 2,000,000 ordinary shares of N1 each
10. Encumbrance: NIL
11. Annual Return: The annual return of the Tropical Investment Limited is up to date.
12. Remark: Premier Bank Plc. can go ahead with a view to operating an account for Tropical
Investment Limited.

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Dated this ______day of ______ 2018
(Signature)
Oboagwina C. Esq
Plot 34, Richard Avenue
Victoria Island, Lagos.

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LETTER OF ALLOTMENT
ISAAC & JIMMY NIGERIA LTD
RC. GD128
No. 423 Bwari Crescent, Abuja

Mr. Daniel Raymond

No. 15 Kent Road
Wuse Zone 4
Abuja.

Sir,
LETTER OF ALLOTMENT OF SHARES
I am Pleased to inform you that your application for the allotment of N600, 000 of 600,000
ordinary shares of N1.00 each in the company has been allotted to you.

You may renounce all or any of the shares in favour of another by filling up the accompanying
letter of renunciation, on the understanding that you are still liable to pay all sums due on the
shares should any of your nominees fail to do so.
Thank you.

Yours faithfully,
_______________
Company secretary

LETTER OF REGRET
ISAAC & JIMMY NIGERIA LTD
RC. GD128
No. 423 Bwari Crescent, Abuja

Mr. Daniel Raymond

No. 15 kent Road
Wuse Zone 4
Abuja.

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Sir,

LETTER OF REGRET
I regret to inform you that the directors were unable to allot you any shares in the above company,
and I enclose herewith a cheque for N600, 000.00 being the amount paid by you on application.

Kindly fill up and return the annexed form of receipt.

Yours faithfully,

_______________
Company secretary

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STATUTORY LETTER OF DEMAND
BANK OF WESTERN NIGERIA PLC
17 MARINA STREET, LAGOS ISLAND, LAGOS info@bank of
west.com
+234 (0) 803 123 4567, +44 77 899 4490
RC No: 911876
Our Ref: GBL/BDC/008 your ref……………….

22nd March 2018

The Managing Director
Better Dey Come Ltd
2 Obanikoro, Agege, Lagos
Sir,
STATUTORY LETTER OF DEMAND PURSUANT TO SECTION 409(a) OF THE
COMPANIES AND
ALLIED MATTERS ACT, 1990
Our account shows that your company is indebted to our bank to the sum of thirty million naira
(30,000,000) as principal, the loan and interest were to be repaid over a period of 15 years. This
sum you have refused and neglected to pay despite repeated demands.
You are by this letter demanded to pay up the sum of thirty million naira (30,000,000) as principal,
the loan and interest were to be repaid over a period of 15 years.
You are required to pay the sum due within the next three month from the day of the receipt of this
letter. Failure to so do will make you the subject of a winding up petition by the bank.
A prompt reply will be appreciated.

Yours Faithfully,
____________ ________________
Dweni Bright Barr. James Ikechukwu
Director, Company Secretary,
Bank of Western Nigeria PLC Bank of Western Nigeria
PLC

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APPLICATION TO CORPORATE AFFAIRS COMMISSION TO INVESTIGATE THE
AFFAIRS OF THE COMPANY

KENE HASSAN & CO

PLOT 12, ADEOSUN STREET, VICTORIA ISLAND LAGOS
[Insert DATE]
Registrar-General,
Corporate Affairs Commission
Abuja
Dear Sir,
APPLICATION FOR INVESTIGATION OF ORIENTAL NIGERIA LIMITED – RC NO.
PURSUANT TO SECTION 314 OF CAMA
We write on behalf of Chike Ogu, a shareholder of the above named company (our client), who
holds one quarter of the total shares of the company.
Our client is applying for the investigation of the above-named company on the following grounds:
1. Refusal to invite him to both board and general meetings of the company.
2. Failure to keep accounting records of the company
3. Failure to have any records of minutes of the company
4. Failure of the directors to prepare Financial Statements of the company since 2014
5. Failure to file Annual Returns since 2014.
We look forward to your favourable response.

Thank you
Yours faithfully
KENNE HASSAN & CO
Signature
Kene Hassan Esq

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CHAPTER EIGHTEEN

NOTICE OF RESIGNATION (PARTNERSHIP)

TO: GEORGE & PARTNERS

(ADRESS)

I hereby give notice under Clause

……………………………………………………………………………………..of our partnership
agreement (or deed of partnership) dated the …………………………………………..day of
…………………………………. Of my intention to resign from the partnership subsisting between
us with effect from December 2017

Dated ……. Day of ……………..20…………

Signed:
GEORGE

81



82


CHAPTER NINETEEN
PRE- ACTION COUNSELING
In Abuja pre action counseling is one of the prerequisite before a legal practitioner in Abuja can
successfully commence an action in the court which is done using Form 6. See Order 2 Rule 8
High Court of the Federal Capital Territory Abuja (civil procedure) Rules 2018, although not
available in the in the civil procedure rules in Lagos, it is expected that a legal practitioner in
compliance with Rule 16 of the Rules of Professional Conduct 2007 advice his client on
relatively steps to be taken.
EXAMPLE OF PRE-ACTION COUNSELLING (FORM 6)
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDCIAL DIVISION
HOLDEN AT ABUJA

SUIT NO. ...............

BETWEEN:
AGOR LUCKY ……………...…….........................… CLAIMANT
AND
JIMMY PROMISE ………………………….. DEFENDANT
PRE-ACTION COUNSELLING CERTIFICATE
I, Donald Chukwu, Legal Practitioner of EASY READ & CO CHAMBERS, No 1 Mattie Street,
Wusih II Abuja to the Claimant, have gone through the facts of the case of the said Claimant and on
my own have appropriately counselled him on the relative strength of his case or otherwise and
should this turn out to be frivolous, I am prepared to be liable according to the provision of the rules
of this court.
Dated this-------------- of ------------------------------- 2019

------------------------------------ ------------------------------------
DONALD CHUKWU AGOR LUCKY
Legal Practitioner to the Claimant Claimant

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CHAPTER TWENTY
INTERLOCUTORY APPLICATIONS
Interlocutory applications are applications made to court either at the commencement of an action
or in the course of a pending suit. Interlocutory applications are brought by way of motions; the
applications may be made either to the court or to a judge in chambers. Note where two motions
with adverse effect on the proceedings, one seeking to regularize, and the other to dismiss or strike
out suit, the motion seeking to regularize the proceeding will be taken first. See AGF v. A.I.C. Ltd
(1995) 2 NWLR (pt. 378) 388.Note; failure to disclose the rule of court under which an application
is brought may not be fatal.
MODE OF APPLYING TO COURT
1. All applications to the court must be by way of motions. See O. 39 r. 1 (1) HCCPR (Lagos)
2012; Order 43 Rule1 (1) High Court of the Federal Capital Territory Abuja (civil
procedure) Rules 2018.
2. All applications by way of motion must state the rule of court under which they are brought. See
O. 39 r. 1 (1) HCCPR (Lagos) 2012; Order 43 Rule1 (1) High Court of the Federal Capital
Territory Abuja (civil procedure) Rules 2018.
3. All applications by way of motion must be supported with affidavit. See O. 39 r. 1 (1) HCCPR
(Lagos) 2012; Order 43 Rule1 (1) High Court of the Federal Capital Territory Abuja (civil
procedure) Rules 2018
4. All applications must be accompanied with written address. See O. 39 r. 1 (2) HCCPR (Lagos)
2012; Order 43 Rule1 (2) High Court of the Federal Capital Territory Abuja (civil
procedure) Rules 2018
DESIGNATION OF PARTIES IN INTERLOCUTORY APPLICATIONS
Applicant(s) V. Respondent(s)
MOTION
All applications to the court must be by way of motions. This is an application evidenced in writing
and praying the court to grant the prayers sought in the application. Note any motion that is brought
without a pending suit already before the court will be incompetent and thus refused. See Akhigbe
v. Ashimedu (2003) 6 NWLR (pt. 817) 439 at 451. Note All motions are supported with an
Affidavit and written Address.
CONTENTS OF A MOTION
1. It has to be in a prescribed form and should contain the heading of the court in which the action
is brought.
2. There has to be the suit number.
3. The name of the parties.
4. The type of the motion.
5. Order or law under which it is brought.
6. It must contain prayer or relief.
7. It must be dated.
8. Name and signature of the applicant or his counsel and his address of service.
9. Where it is on notice it has to contain the address for service of the respondent.

TYPES OF MOTION
There are two types of motions namely;
1. Motion ex parte and
2. Motion on notice.
CHECKLIST OF APPLICATIONS THAT CAN BE BROUGHT BY MOTION EXPARTE
1. Application to seek leave to issue a writ of summons to be served outside jurisdiction.
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2. Leave to bring suit in a representative capacity
3. Seek interim injunction
4. Substituted service
5. Leave to apply for judicial review
6. Application to renew a writ
7. Application for garnishee order nisi
8. Application for Third Party Proceedings
9. Anton Pillar Injunction
10. Mareva Injunction

CHECKLIST OF APPLICATIONS THAT CAN BE BROUGHT BY MOTION ON NOTICE

1. Joinder of parties
2. Amendment of pleadings
3. Striking out of pleadings
4. Striking out of parties
5. Interlocutory injunction
6. Summary Judgement Procedure in Lagos
7. Any application made during trial

1. MOTION ON NOTICE (SIMPLE FORMAT)

IN THE HIGH COURT OF JUSTICE LAGOS STATE

IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO ………………………
BETWEEN
MRS AMEH ADA- ----------------------------- APPLICANT
AND
AGRICULTURAL BANK PLC- ----------------------------- RESPONDENT

MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER ………… OF THE LAGOS STATE HIGH COURT
(CIVIL PROCEDURE) RULES, 2012 AND THE INHERENT JURISDICTION OF THE
COURT

TAKE NOTICE that this Honourable Court will be moved on the -----------------day of ---------------
-2019 at the Hour of 9 O’clock in the forenoon or so soon thereafter as Counsel to the
Claimant/Applicant shall be praying the court for the following RELIEFS:

1. AN ORDER FOR …………………………………………. (RELIEF SOUGHT)

2. AND FOR SUCH FURTHER ORDER OR ORDERS as the Honourable Court may deem fit
to make in the circumstances.

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Dated ……….. day of …………. (DATE OF EXAMS)

Oboagwina Caleb Esq.

CLAIMANT/APPLICANT’S SOLICITOR
Oboagwina& co,
No. 3 Rowland way, Ikoyi-Lagos
FOR SERVICE ON:
Onyemaechi Thank God Esq
DEFENDANT/RESPONDENT’S SOLICITOR
EXCLUSIVE ASSOCIATES
No. 37 Asher way, Victoria Island, Lagos

2. MOTION EXPARTE (SIMPLE FORMAT)

IN THE HIGH COURT OF JUSTICE LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING IN LAGOS
SUIT N0……………………………….
BETWEEN
MRS KAYUBA ADA ……………… APPLICANT
AND
AGRICULTURAL BANK PLC …………………… RESPONDENT

MOTION EX-PATRE
BROUGHT PURSUANT TO ORDER …………………… OF THE LAGOS STATE HIGH
COURT CIVIL PROCEDURE RULES, 2012 AND THE INHERENT JURISDICTION OF
THE COURT
TAKE NOTICE that this Honourable court will be moved on the …. Day of …… at the hour of 9
o’clock in the forenoon or so soon thereafter as counsel to the Defendant/Applicant shall be heard
praying this court for the following orders;

1. AND ORDER FOR ………………………………………. (RELIEF SOUGHT)

2. AND FOR SUCH FURTHER ORDER OR ORDERS as the Honourable court may deem fit
to make in the circumstance

Dated ……….. day of …………. (DATE OF EXAMS)

………………………
Tumbra G ESQ
Defendants/applicant solicitor
Easy Read chambers
4, Crescent layout
Ikoyi - Lagos.

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AFFIDAVIT
IN THE HIGH COURT OF JUSTICE LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO:………………………..
BETWEEN
CROWN KITCHEN LTD ------------------------------- APPLICANT
AND
K & T LTD ------------------------------------------- RESPONDENT
AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE
I, AGOR LUCKY CHIMA, Adult, Male, Christian, Managing Director to Crown Kitchen Ltd, and
Nigerian Citizens of No. 64 Shomolu Estate, Lagos State do hereby make oath and state as follows:
(Introduction)
1. That I am the Managing Director to the Claimant/Applicant in this suit.(Capacity)
2. That by virtue of my position, I am conversant with the fact and circumstances of the suit and
other related facts.(relationship with the applicant)
3. That I have the authority of the Claimant/Applicant to depose to this affidavit. (authority)
4. …………………………………………………………..
5. …………………………………………………………….
6. …………………………………………………………..(fact of the case in chronological
order)
7. That I swear to this affidavit in good faith believing same to be true and correct to the best of
my knowledge and in accordance with the Oath Act.

-------------------------------
DEPONENT
Sworn to at the High Court Registry, Lagos
This ___________day of ________________2019

BEFORE ME
----------------------------------------------
COMMISSIONER FOR OATHS

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WRITTEN ADDRESS

IN THE HIGH COURT OF JUSTICE LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDEN AT IKEJA
SUIT NO: HC/FCT/2016
BETWEEN
CROWN KITCHEN LTD ----------------------------- APPLICANT
AND
K & T LTD -------------------------------- RESPONDENT

WRITTEN ADDRESS IN SUPPORT OF MOTION ON NOTICE

1) INTRODUCTION
2) BRIEF STATEMENT OF FACTS
3) ISSUES FOR DETERMINATION
4) ARGUMENT
5) CONCLUSION
DATED THIS …………….DAY ………………………., 20……... (DATE OF EXAMS)

Duweni Bright
Claimant
Olajide Adewole & Associates
1, Olade Street, Falomo, Ikoyi, Lagos.

FOR SERVICE OF ON:

DEFENDANT
Jaye- Ola Solomon, Esq
20, Blantyre Street, Wuse II, Abuja

LIST OF AUTHORITIEs

JUDICIAL

STATUTORY

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CHAPTER TWENTY- ONE

FILLING OF WRIT OF SUMMONS

This is issued when there is facts in dispute are contentious or non-contentious and where no
statute or rule of court provides for a specific mode of commencing the action, This is the most
common method of commencing civil proceedings in the High Courts. They are used for actions
like; breach of contract, recovery of money, recovery of premise, land dispute, administration
of estate etc.
DOCUMENTS ACCOMPANIED BY WRIT OF SUMMONS
LAGOS
1. Writ of summons;
2. Statement of claim (pleading)
3. List of witnesses to be called at the trial
4. Written statement on oath of the witnesses; and
5. Copies of every document to be relied upon at trial
6. Pre-action protocol form 1. See O.3 r2(1) HCCPR (Lagos) 2012

ABUJA
1. Writ of summons;
2. Statement of claim (pleading)
3. List of witnesses to be called at the trial
4. Written statement on oath of witnesses;
5. Copies of documents to be relied upon at trail; and
6. Certificate of pre-action counseling; as in Form 6. See Order 2 Rule 2 (2) High Court of the
Federal Capital Territory Abuja (civil procedure) Rules 2018.
Note all processes filed at the registry shall bear the seal of the Counsel filing the suit as provided
by the Nigerian Bar Association, showing that the counsel is fully enrolled as a legal practitioner
and qualified to practice in Nigeria. See Order 2 Rule 9 High Court of the Federal Capital
Territory Abuja (civil procedure) Rules 2018.

HOW TO FILL WRIT OF SUMMONS

TAKE NOTE OF THE HIGHLIGHTED RED ARE THE INFORMATION TO BE USED
TO FILL THE WRIT OF SUMMONS
Goshen Properties Ltd., a Company with its registered office at No.21 Aminu Kano, Wuse II,
Abuja, acquired a piece of land lying and situate at Sambas Reserve, Gwarimpa Abuja for the
purpose of constructing an ultra-modern housing estate. The land measuring ten acres was allotted
to the Company under a certificate of occupancy, issued by the Minister of Housing as part of a
larger expanse of land publicly acquired by the Federal Government for overriding public interest.
Goshen properties cleared the site and work commenced earnestly on the construction of homes.
One day, Chief Boko Mai, while undertaking a tour of his family land discovered that the family
land in the area had been bulldozed and taken over by Goshen Properties under the certificate
of occupancy. The gazette acquiring the land for public use clearly excluded the land belongs to the
Mai Family. The Abuja Geographical Information System, upon a petition from the Mai Family,
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discovered the error and offered Goshen Properties another plot of land in the same area but the
Company did not take the alternative plot of land as it was marshy, it therefore refused to vacate the
earlier land allotted under the certificate of occupancy and continued with erection of buildings
therein.
The Mai Family intended using the land for agricultural purposes and for housing estate
construction posed a great hazard to the suitability of the land for agricultural purposes. Some
officers of the Abuja Geographical Information System are alleged to have been hired by the
Company and have refused to revoke the Certificate of Occupancy granted to the Company.
At a family meeting held for that purpose, Chief Boko Mai, as head of family, was mandated
along with Alhaji Chibouk Mai to institute an action against the Company and the Federal
Government, at the High Court of the FCT, claiming inter alia; injunction against Goshen
Properties to halt all construction work as it affects the family portion of land, a declaration
that the purported grant of Certificate of Occupancy earlier granted should be revoked; the
sum of Fifty Million Naira (N50,000,000.00) being damages for trespass, against the Company
and the Federal Government jointly and/or severally; and a perpetual injunction restraining
the Government and the Company from ever trespassing on the land.
a. You have been briefed by the family. Prepare the attached writ of summons for filing at the
High Court of the FCT

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WRIT OF SUMMONS (Form)

NB: The highlighted RED parts are the filling
IN THE HIGH COURT OF FEDERAL CAPITAL TERRITORY
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO._______ (don’t assign number)
BETWEEN:
CHIEF BOKO MAI
ALHAJI CHIBOK MAI -
CLAIMANT
(Suing for themselves and on behalf of the entire Mai Family)
AND
GOSHEN PROPERTIES LTD.
ATTORNEY GENERAL OF FEDERATION –
DEFENDANTS
TO: 1. GOSHEN PROPERTIES LTD, of No. 251, Opebi Road, Lagos
2. ATTORNEY GENERAL OF FEDERATION, of Ministry of Justice of the Federation
In the FEDERAL CAPITAL TERRITORY of ABUJA
You are hereby commanded that within____ 14 days____ after the service of this writ on you,
inclusive of the days of such service, you do cause an appearance to be entered for you in an action
at the suit of ____Mai Family__CLAIMANT(S) and take notice that in default of your so doing,
the Claimant(s) may proceed therein and judgment may be given in your address.
Dated this_____ day of____ 20___ (don’t date)
BY ORDER OF THIS COURT
_______ (don’t sign)
REGISTRAR

Memorandum to be subscribed on the writ

N.B: This writ is to be served within SIX (6) months from the date thereof, or, if renewal, within
THREE (3) months from the date of the last renewal, including the day of such date, and not
afterwards.
The Defendant(s) may enter appearance personally or by a Legal practitioner either by handling in
the appropriate forms, duly completed, at the Registry of the High Court of the Judicial Division in
which the action is brought or by sending them to the Registry by registered post.
ENDORSEMENTS
The claimant’s claim is for:

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1. A declaration that the claimants are the lawful holder of the right of occupancy to the
plot of land at Sambas Forest Reserve within the jurisdiction of this court.
2. a declaration that the purported grant of Certificate of Occupancy earlier granted
should be revoked.
3. An order of court directing the Minister of Housing to revoke the purported
Certificate of Occupancy in (a) above, granted in favour of the 1st Defendant.
4. The sum of N50,000,000.00 (Fifty Million Naira), being damages for trespass;
5. An order of perpetual injunction restraining the Defendants from ever trespassing on
the Claimants’ portion of land.

Dated this______ day of____ 20______ (date of exams)

THIS WRIT was issued by XYZ Esq (Name of a legal practitioner must be used) of XYZ & Co
(Name of a legal practitioner law office must be used) whose address for service is at 123,
Lagbaja Drive, Abuja, Legal Practitioner for the said plaintiff who reside(s) at Plots 1-5, Mai-
Abuja
Endorsement to be made on copy of the writ forthwith after service (leave the below information’s
unfilled)
This Writ was served by me at____________________________ on the Defendant(s) accompanied
by the following documents.
______________ (here insert the mode of service) on the__________ Day of______20_____
_________
(Signed)
Address: ______________________

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CHAPTER TWENTY- TWO

MEMORANDUM OF APPEARANCE
Once a writ of summons or other originating process has been duly served, the defendant is
required to enter appearance either in person or through a legal practitioner of his choice within the
time allowed under the rules. In Lagos Appearance is entered by the defendant filing a
memorandum of appearance in Form 11 within 42 days in or outside Jurisdiction. In default by the
defendant to enter appearance a fee of N200 is a fine for each day of default. See Order 9 Rule 5
HCCPR (Lagos) 2012. On the other hand, in Abuja, Appearance is entered by the defendant filing
a memorandum of appearance in Form 12 within 14 days in or outside Jurisdiction. See Order 9
Rule 1 High Court of the Federal Capital Territory Abuja (civil procedure) Rules 2018. In
default by the defendant to enter appearance a fee of N200 is a fine for each day of default. See
Order 56 Rule 1 High Court of the Federal Capital Territory Abuja (civil procedure) Rules
2018.

TIME FOR SERVICE OF MEMORANDUM OF APPEARANCE

The Defendant is also expected to serve a sealed memorandum of appearance on the claimant’s
legal practitioner or the claimant in person within 7 days. See O 9r 1 (3) HCCPR (Lagos) 2012,
Order 9 Rule 1 (3) High Court of the Federal Capital Territory Abuja (civil procedure) Rules
2018

TYPE OF APPEARANCE
1. Unconditional Appearance: This is the type of appearance neither entered without reservation
nor objection nor challenging the court’s jurisdictions etc.

2. Conditional appearance: This is the type of appearance entered with objection or under
protest.

EXAMPLES OF MEMORANDUM OF APPEARANCE

i. UNCONDITIONAL APPEARANCE (without issues or objection)

IN THE HIGH COURT OF LAGOS STATE

IN THE IKEJA JUDICIAL DIVISION
HOLDING AT IKEJA
SUIT NO…………………
BETWEEN
CROWN KITCHEN LTD ----------------- CLAIMANT
AND

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K AND T LTD ------------- DEFENDANT
UNCONDITIONAL MEMORANDUM OF APPEARANCE
Please enter an appearance for K and T Nigeria Limited sued as K and T Ltd (DEFANDANT) in this
action.

Dated ……….. day of …………. (DATE OF EXAMS)

DWENI BRIGHT. ESQ

Defendant’s Legal Practitioner
No. 42 Adeniyi Jones Street,
Ikeja Lagos.
FOR SERVICE ON:
OBOAGWINA CALEB ESQ
CLAIMANT’S COUNSEL
No. 14 Allen Avenue,
Ikoyi, Lagos.

ii. CONDITIONAL APPEARANCE (with issues or objection)

IN THE HIGH COURT OF LAGOS STATE
IN THE IKEJA JUDICIAL DIVISION
HOLDING AT IKEJA
SUIT NO…………………
BETWEEN
CROWN KITCHEN LTD ----------------- CLAIMANT
AND
K AND T LTD ------------------ DEFENDANT

CONDITIONAL MEMORANDUM OF APPEARANCE

Please enter conditional appearance for K and T Nigeria Limited sued as K and T Ltd
(DEFANDANT) in this action.

Dated ……….. day of …………. (DATE OF EXAMS)

TUMBRA ZOBO G. ESQ

Defendant’s Legal Practitioner
No. 42 Adeniyi Jones Street,
Ikeja Lagos.
FOR SERVICE ON:
OBOAGWINA CALEB ESQ

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CLAIMANT’S COUNSEL
No. 14 Allen Avenue,
Ikoyi, Lagos.

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CHAPTER TWENTY- THREE
PLEADINGS
These are written statements of the parties in an action commenced by writ of summons, setting
forth in a summary form the material facts relied upon in support of the claim or defence.

PURPOSE OF PLEADING
1. It defines matters or issues in dispute between parties
2. It puts parties on notice as to the claim or defence of the other, and as such parties are bound by
their pleadings.
3. It serves as guide and notice to the court, hence the court is also bound by parties’ pleadings.
4. It shows person (party) on whom lies burden of proof

CONTENTS OF PLEADINGS
1. Statement of material facts on which the Plaintiff bases his claim or the Defendant relies on for
his defence.
2. Pleadings must contain only material facts and not law or conclusion of law.
3. Pleadings must contain only facts and not evidence required to prove facts. This does not extend
to pleading documents
4. Facts must be stated positively, precisely and distinctly.

MATTERS WHICH MUST BE SPECIFICALLY PLEADED

1. Matters that will take the adverse party by surprise if not pleaded must be specifically
pleaded(commission of crime, fraud, illegality, Limitation of action, defamatory words,
Unenforceability of a document, Special damages, Customary law, foreign law and Islamic law,
Documents that are material facts to the establishment of a fact and allegation of fundamental
breach of contract )
2. Statutory Immunity and exceptions thereto.
3. Insanity must be specifically pleaded in probate matters.
4. Adultery in matrimonial causes must be specifically pleaded, giving particulars as to date, time
and place of occurrence.
5. Equitable maxims and “special pleas” like res ipsa loquitur, estoppels, latches, acquiescence and
undue influence must be specifically pleaded.

TYPES OF PLEADING
The statement which the parties to an action to an action serve on each other which are collectively
term “pleadings” are as follows:
1. Statement of claim: These are written statements of the parties in an action commenced by
writ of summons filed by the claimant and served on the defendant(s) with other originating
processes.
2. Statement of defence: These are written statements of the defendant in response to the
statement of claim served on him by the claimant.
3. Reply: This is like a second pleading that may be filed by the claimant in answer to new issues
raised in the Defendant’s statement of defence which were not originally contained in the
statement of claim. Simply put: this is filed by the claimant in response to a statement of
defence filled and served by the defendant on him. Note where a counter- claim is pleaded, a
reply to such counter- claim is known as defence to a counter-claim. See O. 18 r 2 HCCPR
(Lagos) 2012; Order 18 Rule 2 High Court of the Federal Capital Territory Abuja (civil
procedure) Rules 2018.

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4. Counter-claim: where the defendant has a cross-action against the claimant he files statement
of defense and counter claim. It is an independent cause of action and therefore survives the
original suit if struck out.
5. Defenses to counter-claim: where the defendant files a statement of defence together with a
counter claim, the claimant cannot file a reply but rather file a defense to counter- claim.

BASIC CONCEPTS IN STATEMENT OF DEFENCE

1. Admission: after pursuing the statement of claim, counsel may wish to admit allegations of fact
which are true or which are intended to be taken as admitted during the trial.
2. Traverse or Denial: This is an unequivocal denial of an allegation of fact in the statement of
claim. Also averments with the conjunction word “AND” should be answered with disjunctive
words “OR” .Similarly averments with adjective “ALL” should be substituted or answered
with the “ANY” or “ANY OF”. For examples; the defendant shot and killed the claimant ’s
dog- it should not be traversed as “the defendant denies that he shot and killed the claimant ’s
dog” rather it should be traversed as “the defendant denies that he shot OR killed the claimant
’s dog” Example 2; the defendant destroyed all the crops in the claimant’s garden- it should not
be traversed as “the defendant denies that he destroyed all the crops in the claimant’s garden”
rather it should be that “the defendant denies that he destroyed ANY crop in the claimant’s
garden”
3. General Traverse: Normally pleaded at the beginning of the statement thus the simplified
format is;
“SAVE AND EXCEPT as expressly admitted, the defendant denies each and every
allegation of fact contained in the statement of claim as if same were set out and
traversed seriatim”.
4. Evasive Traversed: Defendant states he is not in position to deny or admit. This is a vague
response or that is ambiguous; or that avoids substance of the allegation made in the statement
of claim.
5. Negative Pregnant Traverse: This leads to further proposition. That is, the defendant states he
does not owe the claimant N2m. This raises other propositions such as; does the defendant owe
more than N2m or less than N2m. for example; Allegation that defendant took bribe of N2000
from claimant. It should not be traverse as “defendant denies taking bribe of N2000 from
claimant” rather it should be traverse as “defendant denies taking bribe of N2000 or any other
sum from claimant or any other person”.
6. Confession and Avoidance: Admitting facts pleaded but proceeds to allege new facts which
give entirely different consequences to such admission.
7. Objection in point of Law: This is an objection raised in statement of defence by the
Defendant, if sustained, could terminate the proceedings.
8. Set off: Money claim pleaded in response to adverse monetary claim. It is a defence and
therefore collapses with the case; but where the case goes on, set off reduces claim of the
plaintiff.
9. Counter-claim: it is by nature, a cross-action raised in the Defendant’s statement of defence
against the Plaintiff. It is an INDEPENDENT CAUSE OF ACTION and therefore survives the
original suit.

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EXAMPLES OF PLEADINGS
a. STATEMENT OF CLAIMS
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: ………………..
BETWEEN
KAYUBA ADA …………..
CLAIMANT
AND
AGRICULTURAL BANK PLC ………….
DEFENDANT

STATEMENT OF CLAIM
1. The claimant is Mrs. Kayuba Ada of No. 14 Areole Hopewell Street, Victoria Island, a business
woman who deals in exportation of agricultural products.
2. The defendant is a public limited liability company registered in Nigeria which deals in banking
and finance with its registered office at No. 5 Ikoyi Street Lagos.
3. ……………………………………………………(FACT OF THE CASE IN
CHRONOLOGICAL ORDER)
4. PARTICULARS OF NEGLIGENCE
5. PARTICULARS OF SPECIAL DAMAGES
6. WHEREFORE THE CLAIMANT CLAIMS AS FOLLOWS:
a) The sum of N7,000,000(Seven million naira), representing the total price of the delivered
cashew nuts
Dated ……….. Day of …………. (DATE OF EXAMS)
……………………….
Ere siege. ESQ
OBOAGWINA & Co.
Claimant’s Solicitors
10 José Aerogun
Victoria Island, Lagos.
FOR SERVICE ON
AGRICULTURAL BANK PLC
10, Education Street,
Victoria Island

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Lagos

b. STATEMENT OF DEFENCE
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO:
………………………
BETWEEN
MRS KAYUBA ……………………………
CLAIMANT
AND
AGRICULTURAL BANK PLC ………………
DEFENDANT

STATEMENT OF DEFENCE
SAVE AND EXCEPT as is expressly admitted, the Defendant denies each and every allegation
contained in the Claimant’s statement of claim as if each paragraph were herein set out and traversed
seriatim. (GENERAL TRAVERSE)
1. The defendant admits paragraphs 1,2,3,4 and 7of the claimant’s statement of claim
2. The defendant denies paragraphs 5, 6 and 8 of the claimant’s statement of claim.
3. As such, the defendant states that it is not liable for the claims of the claimant and prays this
honourable court to dismiss the suit have been frivolous and baseless.
Dated ……….. Day of …………. (DATE OF EXAMS)

OBOAGWINA CALEB ESQ

EASY READ CHAMBER
Whose address for service is:
NO 23 ADEKULE STREET, VICTORIA
ISLAND LAGOS
FOR SERVICE ON
ESTHER G. ESQ
OBOAGWINA & Co.
Claimant’s Solicitors
10 José Aerogun
Victoria Island, Lagos.

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CHAPTER TWENTY –FOUR
ORIGINATING SUMMONS
It is used where a statute or written agreement or deed or will are sought to be interpreted; and
there is no likelihood of dispute of the facts.

DOCUMENTS ACCOMPANIED BY ORIGINATING SUMMONS

In Lagos, by Order 3 r 8(2) HCCPR (Lagos) 2012 the documents are;
1. An affidavit setting out the facts relied on
2. All the exhibits to be relied on
3. A written address in support of the application
4. Pre- action Protocol Form 01

In Abuja, by Order 2 Rule 3 (5) High Court of the Federal Capital Territory Abuja (civil
procedure) Rules 2018 the documents are;
1. An affidavit setting out the facts relied on
2. All the exhibits to be relied on
3. A written address in support of the application
4. Certificate of pre-action counseling; as in Form 6

Note Upon receipt of the originating summons, the defendant is required to file a counter affidavit,
accompanied by all the exhibits he is relying on and a written address. In Abuja, within 42 days (in
and outside jurisdiction); In Lagos, within 21 days (in and outside jurisdiction)

EXAMPLE OF ORIGINATING SUMMONS

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO……………
BETWEEN
KENNETH ONONEZE ----------------------------- CLAIMANT
AND
JEFFERY OWHOR-CHUKU ------------------------ DEFENDANT
ORIGINATING SUMMONS
LET JEFFERY OWHOR-CHUKU of No 123, Area 2, Maitama, Abuja, within 42 days if defendant is to be
served outside jurisdiction) after the service of this summons on you, inclusive of the day of such service,
cause an appearance to be entered for you to this summons which is issued on the application of AKINOLA

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WAHAB of No 333 Area 3 Maitama, Abuja, and who will seek for the determination of the following
questions:
QUESTIONS FOR DETERMINATION
1) Whether the claimant has a valid contract with the defendant in view of Clause 4 of the agreement
between the claimant and the defendant dated 13/02/2015; OR
2) Whether the provisions of section 145 of the CFRN 1999 as amended imposes a duty or a discretion
on the President to transmit a written declaration to the President of the Senate and Speaker of House
of Representatives in the event of the President proceeding on vacation or is otherwise unable to
discharge the functions of his office.
RELIEFS SOUGHT BY THE CLAIMANT
AND after the determination of the issues, the claimant prays as follows:
1) A DECLARATION that there is no valid contract between the claimant and the defendant; OR
2) A DECLARATION that section 145 of the 1999 CFRN as amended imposes a duty on the President
to transmit a written declaration to the President of the Senate and the Speaker of the House of
Representatives whenever he is proceeding on vacation or is otherwise unable to discharge the
functions of his office.
Dated this ____________ day of ____________________, 2018
______________________
Registrar/authorised person
THIS SUMMONS was taken out by K. O. D. Okwor Esq., legal practitioner to the claimant, whose address
for service is No 5 Maitama Road Abuja
FOR SERVICE ON:
The Defendant,
Jeffery Owhor-Chuku
No 123, Area 2, Maitama,
Abuja.

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CHAPTER TWENTY- FIVE

ORIGINATING MOTION
This is used where a specific legislation provides for it, such as in seeking for enforcement of
fundamental rights; prerogative orders of certiorari, prohibition, mandamus, and habeas corpus.
See Order 2 Rule 6 High Court of the Federal Capital Territory Abuja (civil procedure)
Rules 2018

COMMENCEMENT OF FUNDAMENTAL HUMAN RIGHT ACTION

The application for commencing Fundamental rights action is by originating motion (MOTION ON
NOTICE Form1) -O1 r 2FREP Rules 2009. However, the application can be brought by any
originating processes accepted by the court (Federal and State High court), See O.2 r 2FREP Rules
2009. Note; An Application for the enforcement of Fundamental Right shall not be affected by any
limitation Statute whatsoever. See O 3 Rules. The application should be accompanied by:
a) Statements setting out the name and description of the applicant; the relief sought; the
grounds on which the relief is sought; and
b) An affidavit verifying the facts to be relied on; note, that the affidavit shall be made by the
Applicant, but where the applicant is in custody or if for any reason is unable to swear to an
affidavit, the affidavit shall be made by a person who has personal knowledge of the facts or
by a person who has been informed of the facts by the Applicant, stating that the Applicant
is unable to depose personally to the affidavit. Order 1 Rule 2(3) & (4) of the Rules.
c) Written address which shall be succinct argument in support of the grounds of the
application. See O 2r 5 of the Rules.

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ORIGINATING MOTION (FUNDAMENTAL RIGHT ACTION) WITH SUPPORTING
DOCUMENTS
i. ORIGINATING MOTION
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO__________________
IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS
AND
IN THE MATTER OF FUNDAMENTAL RIGHTS (ENFORCEMENT) PROCEDURE RULES 2009

BETWEEN
MR. DUDU OSU (SUING BY HIS
UNCLE CHIEF GOGO OSU). ................................................. .APPLICANT
AND
STATE SECURITY SERVICES ..................................... RESPONDNENT

ORIGINATING MOTION
BROUGHT PURSUANT TO ORDER ................RULE ..............OF THE FUNDAMENTAL RIGHTS
ENFORCEMENT PROCEDURE RULE 2009 SECTION 34 OF THE CONSTITUTION OF THE
FRN AND UNDER THE INHERENT JURRISDICTION OF THE COURT.
TAKE NOTICE that the Honourable Court will be moved on the __________day of ______2012, at the
hour of 9 O’clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicant
praying for the following orders:
1. An order to enforce the Applicant’s fundamental right to dignity of human person as entrenched in
section 34 of the 1999 constitution of FRN as Amended.
2. Such further order or orders as the Court may deem fit to make in the circumstances.
Dated ……….. day of …………. (DATE OF EXAMS)

SIGNED
APPLICANT’S COUNSEL
20 KOKO CLOSE
V.G.C, LAGOS.

FOR SERVICE ON
THE RESPONDENTS
C/O A.G.
MINISTRY OF JUSTICE
LAGOS STATE.

AFFIDAVIT
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO__________________
IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS
AND
IN THE MATTER OF FUNDAMENTAL RIGHTS (ENFORCEMENT) PROCEDURE RULES 2009

BETWEEN

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MR. DUDU OSU (SUING BY HIS
UNCLE CHIEF GOGO OSU). .................................................. APPLICANT
AND

STATE SECURITY SERVICES . .................................... RESPONDNENT

AFFIDAVIT IN SUPPORT
I, Chief Gogo Osu, Adult, Male, a Pegan and Nigerian Citizen of 25 Melany Street Somolu Lagos State do
hereby make Oath and state as follows:
1. That I am an uncle to the Applicant and by the virtue of which I am conversant with the facts
deposed herein.
2. That I have the authority of the Applicant to depose to this affidavit on his behalf
4. …………………………………………………………..
5. …………………………………………………………….
6. ………………………………………………………….. (Fact of the case in chronological order
3. That the Applicant has been in so much pain and it has affected his wife and two children so
adversely.
4. That it will be in the interest of justice to grant this application.
5. That I depose to this affidavit in good faith believing its contents to be true and accordance with the
Oaths Act.

__________________
DEPONENT

Sworn to at the Federal High Court Registry

Lagos this_______day of ________2018

BEFORE ME
COMMISSIONER FOR OATHS
STATEMENTS SETTING OUT THE NAME AND DESCRIPTION OF THE APPLICANT; THE
RELIEF SOUGHT
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO___________

IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS

AND
IN THE MATTER OF FUNDAMENTAL RIGHTS (ENFORCEMENT) PROCEDURE RULES 2009

BETWEEN
MR. DUDU OSU (SUING BY HIS
UNCLE CHIEF GOGO OSU). .................................................. APPLICANT
AND

STATE SECURITY SERVICES .................................... .RESPONDNENT

STATEMENT, NAME AND DESCRIPTION OF THE APPLICANT

Name: Mr. Dudu Osu
Place of Birth: Lagos State
State of Origin: Benue State
Marital Status: Married with two children
Age: 36 years of age
Sex: Male
RELIEF SOUGHT

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1. A Declaration that the act of the 1st Defendants amount to an infringement on the Applicant’s right to dignity of
human person as entrenched in section 34 of the constitution of the FRN, 1999 Amended
2. Sum of N758,000.00 being the cost of medical expense
3. Sum of N5,000,000 as general damages for all the trauma, pains and deprivation caused as a result of the action of
the Defendant
4. Such further order orr orders as the Court may deem fit to make in the circumstances.
Dated ……….. day of …………. (DATE OF EXAMS)

SIGNED
APPLICANT’S COUNSEL
20 KOKO CLOSE
V.G.C, LAGOS.

FOR SERVICE ON
THE RESPONDENTS
C/O A.G.
MINISTRY OF JUSTICE
LAGOS STATE

WRITTEN ADDRESS
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS

SUIT NO_________
IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS
AND
IN THE MATTER OF FUNDAMENTAL RIGHTS (ENFORCEMENT) PROCEDURE RULES 2009

BETWEEN
MR. DUDU OSU (SUING BY HIS
UNCLE CHIEF GOGO OSU) .................................................. .APPLICANT
AND
STATE SECURITY SERVICES ..................................... RESPONDNENT
WRITTEN ADDRESS
1. INTRODUCTION
2. ISSUES FOR DETERMINATION
3. ARGUMENT
4. CONCLUSION

We humbly submit that the Fundamental Human Right of the Applicant were grossly related and
hereby urge your Lordship to grant him the relief he is seeking from the Court in the interest of justice.
May it please the Court.
Dated ……….. day of …………. (DATE OF EXAMS)

SIGNED
APPLICANT’S COUNSEL
20 KOKO CLOSE
V.G.C, LAGOS.
FOR SERVICE ON
THE RESPONDENTS
C/O A.G.
MINISTRY OF JUSTICE
LAGOS STATE.

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CHAPTER TWENTY SIX

PETITION
This is used where specific legislation provides for it, such as CAMA, ELECTIONS MATTERS
and MATRIMONIAL CAUSES. see Order 2 Rule 6 High Court of the Federal Capital
Territory Abuja (civil procedure) Rules 2018
EXAMPLE OF ELECTION PETITION

IN THE GOVERNORSHIP ELECTION TRIBUNAL OF CROSS RIVER STATE OF NIGERIA

HOLDEN AT CALABAR
PETITION NO------------------
BETWEEN
CHIEF OGAN BASSY ----------------------------- PETITIONER
AND
1. DR. ALEX ESSIEN
2. CONFIDENCE PARTY OF NIGERIA
3. THE RESIDENT ELECTORAL COMMISSIONER FOR CROSS RIVER STATE
RESPONDENT
4. THE RETURNING OFFICER FOR THE GOVERNORSHIP ELECTION
5. INDEPENDENT NATIONAL ELECTORAL COMMISSION
PETITION AGAINST THE GOVERNORSHIP ELECTION OF CROSS RIVER STATE
The petitioner was a candidate in the Governorship Election of Cross River State (CAPACITY
CLAUSE) held on the 12 of April 2014(DATE OF ELECTION) having contested the said election
under the platform of the Reigning Party of Nigeria (POLITICAL PARTY CONTESTED
UNDER). The 1st respondent who contested the election under the Confidence Party of Nigeria was
declared by the 3rd, 4th and 5th respondents as the winner (RESPONDENT DECLARE WINNER
BY ELECTORATE).

RESULTS OF THE ELECTION

CHIEFHOGAN BASSY (PETITIONER)
334,000 VOTES
DR ALEX ESSEIN (1ST RESPONDENT)
1,160,000 VOTES

DATE OF THE ELECTION: April 12th 2019

GROUNDS ON WHICH PETITION IS BROUGHT

GROUND 1 –The 1st respondent is not qualified to contest the election.

PARTICULARS OF INELIGIBILITY (FACT TO BE RELIED ON)
1. The 1st respondent was under aged at the time of the election.
2. The 1st respondent is an ex-convict having been convicted of criminal breach of trust by the
High Court of Federal Capital Territory, Abuja on February 2012.
3. The 1st respondent has not acquired enough educational certificates to qualify him for the
election.

PRAYERS SOUGHT:
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1. A DECLARATION that the 1st respondent is incompetent to contest the Governorship election
of Cross River State in the Election of April 14th, 2019.
2. A DECLARATION that the return of the 1st respondent as Governor of Cross river State by the
3rd, 4th and 5th respondents in the election held on 14th April 2019 is null and void.
3. AN ORDER for re-run.
Dated this -------------day of--------------------2019
________________________
Petitioner
…………………………………….
Petitioner’s Counsel
PETITIONER’S COUNSEL’S ADDRESS
IYARE & Co.,
No. 23 Wuse II Way,
Abuja.
ADDRESS FOR SERVICE:
1st Respondent
2nd Respondent Address.
3rd Respondent Address
4th Respondent Address and
5th Respondent Address.

SAMPLE DRAFT ON REPLY TO PETITION

IN THE GOVERNORSHIP ELECTION TRIBUNAL OF CROSS RIVER STATE OF NIGERIA
HOLDEN AT CALABAR
PETITION NO------------------
BETWEEN
CHIEF OGAN BASSY ---------------------------- PETITIONER
AND
1. DR. ALEX ESSIEN
2. CONFIDENCE PARTY OF NIGERIA
3. THE RESIDENT ELECTORAL COMMISSION FOR CROSS RIVER STATE
RESPONDENT
4. THE RETURNING OFFICE FOR THE GOVERNORSHIP ELECTION
5. INDEPENDENT NATIONAL ELECTORAL COMMISSION
REPLY TO PETITION
1. The 1st respondent admits the facts contained in the petition only to the extent as concerns the
holding, date and results of the elections and no more.
2. The 1st respondent is vehemently opposed to the fact stated by the petitioner that the 1st
respondent was under age at the date of the election.
3. The 1st respondent challenges the allegation by the petitioner that the 1st respondent is an ex-
convict and shall at the trial demand the strictest proof thereof (albeit, respondent’s conviction
was quashed).

107


4. The 1st respondent avers that contrary to the fact stated in the petition, he has acquired enough
educational certificates to qualify him for the election.
5. The 1st respondent shall at the hearing of the petition pray the court to dismiss same with
punitive costs.
Dated this ----------day of -----------------------2019
_________________________
Respondent
______________
C/o Respondent’s Counsel
AGOR CHIMA & Co.
No. 1 Akins way, Maitama, Abuja
ADDRESS FOR SERVICE:
1st Respondent
2nd Respondent Address.
3rd Respondent Address
4th Respondent Address and
5th Respondent Address.
PETITION FOR DISSOLUTION
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO. LG/ 12/01
BETWEEN
MRS BETTY AKOWE ………………….
PETITIONER
AND
JACOB AKOWE ………..........…..
RESPONDENT

TO: The above-named High Court

The Petitioner Mrs BETTY AKOWE whose address is at 37, Assembly Drive, Shomolu, Lagos
Mainland, and whose occupation is a Clerk with Telegram Department, Yaba Branch petitions the
Court for a decree of dissolution of the marriage against the respondent JACOB AKOWE whose
address is at 37, Assembly Drive, Shomolu, Lagos Mainland and whose occupation is an
Accountant with Kilpatrick Limited, Isolo, Lagos Mainland.

MARRIAGE
1. The Petitioner then a spinster was lawfully married to the respondent then a bachelor at
Assemblies of God Church, Shomolu, and Lagos Mainland on the 1st day of February, 1996.
2. The surname of the Petitioner immediately before marriage was Miss FOLAKE.

BIRTH OF PETITIONER AND RESPONDENT

3. The Petitioner was born in 1982 in Lagos and the Respondent was born in 1979 in Edo State,
Nigeria.

DOMICILE OR RESIDENCE
4. The Petitioner is within the meaning of the Act, domiciled in Nigeria, the facts on which the
court will be asked to find that the Petitioner is so domiciled are as follows: Previous to the

108


marriage the Petitioner was residing with Petitioner's Parents at 13 Folagoro, Shomolu, Lagos
and has remained within the jurisdiction of Lagos since that date.

COHABITATION
Particulars of the places at which and periods which the petitioner and the respondent have
cohabitated are as follows:
1. Immediately after marriage at 73 Ogunbadejo Way, Shomolu and finally 45 Werner Drive
Palm groves, Lagos Mainland.
2. The date in which and circumstances in which cohabitation between the petitioner and the
respondent first ceased are as follows: On 5th December, 2001, the Respondent threw the
petitioner out of the matrimonial home at 45 Werner Drive, Palm grove and cohabitation
between the parties ceased from that date.
3. Particulars relating to the children to whom order Rule 8 applies are as follows:
a. Etude, female, born on 17th April, 1998.
b. Tidily, female, born on 29th November, 2000.
c.
PREVIOUS PROCEEDINGS:
4. Since the marriage there have not been any proceedings in a Court between the Petitioner and
Respondent.

CONDONATION, CONNIVANCE AND COLLUSION:

The Petitioner has not condoned or connived at the grounds specified above and is not guilty of
collusion in presenting this petition.

PROPOSED ARRANGEMENTS FOR CHILDREN

EDUCATION: Etude now in basic iii and Tidily in basic1, are currently attending Baptist Primary
School, Shomolu and will continue in the School and progress to higher institution of learning in
future to the best of their ability.

MORAL OBLIGATION: The Petitioner will continue to bring the two children up in the
Christian faith.

MAINTENANCE: The Petitioner has been responsible for the up-keep, School fees and medical
expense of the children namely: Etude and Tidily and the Respondent was ordered to bear the
responsibility with effect from 1st January 2002 and pay monthly allowance ofN14,000.00 Naira
per child subject to review.

CUSTODY: The children have been residing with the Petitioner and her parents at13 Folagoro
Street, Shomolu and will continue to live with the Petitioner at the same address.

ORDERS SOUGHT
The Petitioner seeks the following orders:
a. A decree of dissolution of marriage on the ground that since the marriage the Respondent
has behaved in such a way that Petitioner could not reasonably be expected to live with the
Respondent.
b. Custody of the two children of the marriage now living with Petitioner.

109


c. The Respondent be ordered to pay the school fees and maintenance of N14, 000.00 Naira
per month subject to review.
d. Access to the Respondent during school holidays.

The Petition was settled by OYARIN MICHEAL, Legal Practitioner for the Petitioner. Filed on the
21st day of February, 2001, by OYARIN MICHEAL on behalf of the Petitioner, whose address for
service is at Western House, (2nd Floor), 8/1 0 Broad Street, Lagos.

FOR SERVICE ON:

RESPONDENT COUNSEL
JIMMY& Co.
No 13 Smith Road, Socorro, Abuja.

VERIFYING AFFIDAVIT
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO. LG/ 12/01
BETWEEN
MRS BETTY AKOWE ……………………………..
PETITIONER
AND
JACOB AKOWE …………………………...
RESPONDENT

VERIFYING AFFIDAVIT
I, MRS. BETTY AKOWE Nigeria citizen, female, Christian, account clerk residing at No.37,
Assemblies Drive, Shomolu, Lagos State, make oath and state as follows:
1. That I am the Petitioner in this suit.
2. That the statements set forth in paragraph 1 to 10 of my petition are true and correct to the best
of my knowledge, information and belief.

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3. I make this oath in good faith, conscientiously believing same to be true and correct in
accordance with the Oath Act currently in force.
…………………………
Deponent
SWORN at the Lagos State High Court,
Registry, this ............ day of..... 20…
BEFORE ME
COMMISSIONER FOR OATHS

111


CHAPTER TWENTY SEVEN
APPLICATION PENDING APPEAL
An appeal against judgment may become necessary and the party or appellant appealing may need
to preserve the status quo ante until the result of the appeal is known.

TYPES OF INTERIM ORDERS PENDING APPEAL

There are 3(three) types of Interim Orders pending appeal namely;
1. Stay of proceeding
2. Injunction pending appeal
3. Stay of execution
STAY OF PROCEEDINGS
This is usually made in appeal against the interlocutory decisions. The intention is to suspend
further hearing of the substantive case (during trial) pending the hearing and determination of the
appeal against the interlocutory ruling or Order. See PDP v. Atiku Abubakar (2007)2NWLR
pt1018, 303. It can only be made by parties to an action.

EXAMPLE OF STAY OF PROCEEDING

IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDING AT LAGOS

SUIT NO: HC/LAG/236/2016

MOTION NO........................
BETWEEN
CROWN KITCHEN LTD ............................................ CLAIMANT/APPLICANT
AND
K & T LTD ...............................................................DEFENDANT/RESPONDENT

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MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER ------ RULE ---------- LAGOS STATE HIGH COURT (CIVIL
PROCEDURE) RULES, 2012 AND UNDER THE INHERENT JURISDICTION OF THIS
HONOURABLE COURT

TAKE NOTICE that this honourable court shall be moved on................. day of ...................... at the hour
of 9.00am or so soon thereafter as the Counsel for the Claimant/Applicant shall be heard for an
application praying the court for:

AN ORDER OF COURT staying the proceedings of this Honourable Court in Suit No. LAG/02/2018
pending the determination of Appeal No. CA/01/2019 filed by the applicant at the Court of Appeal.

AND for such order or further orders as this honourable court may deem fit to make in the circumstances.
Dated this....................... day of .......--................. 2019
-----------------------------
CLAIMANT//APPLICANT’S COUNSEL
Oboagwina Caleb (Esq.)
Plot 1 Aremu, Ikoyi Lagos.
FOR SERVICE ON:
DEFENDANT /RESPONDENT’S SOLICITOR
Plot 5 Sway Lane, Obalande,
Lagos.

INJUNCTION PENDING APPEAL

An order of stay of execution can only be made in respect of an executory judgment or ruling.
Thus, where the judgment is purely declaratory and has no executory orders to be stayed, the
unsuccessful party may apply for an order of injunction pending appeal the determination of the
appeal and can also be used where a claimant’s action was dismissed (that is, he lost at trial court),
he cannot apply for stay of execution or stay of proceedings. He can only apply for an injunction
pending appeal. Thus, where the plaintiff’s case is dismissed and the defendant is trying to take
steps in relation to the subject matter which may render the judgment of an appeal nugatory, the
plaintiff can apply for an order of injunction pending appeal to preserve the res and maintain the
status quo since there is no executory order that can be stayed. See Shodeinde V. Registered
Trustees of Ahmadiya Movement of Islam; Polini V. Gray.

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EXAMPLE OF INJUNCTION PENDING APPEAL

IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: 12/2/HC/LAG/03/16
MOTION NO........................
BETWEEN;
K & T LTD ----------------- CLAIMANT/APPLICANT

AND
CROWN KITCHEN LTD ------------------ DEFENDANT/RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER _________RULES ____________HIGH COURT RULES
(CIVIL PROCEDURE) RULE, 2012 AND ORDER ______ RULES ________OF THE COURT
APPEAL RULES 2016 AND UNDER INHERENT JURISDICTION OF THE COURT

TAKE NOTICE that this honourable court shall be moved on................................ day at the hour of
9.00am or so soon thereafter as the Counsel for the CLAIMANT/APPLICANT shall be heard for an
application praying the court for:
AN ORDER of Injunction restraining the Defendant/Respondent, his agents, privies and/or successors-
in-title from entering or doing anything on Plot 5 Karibi Avenue, Shomolu, Lagos pending the
determination of the appeal filed at the Court of Appeal, Lagos Division against the Judgment of this
honourable court in Suit No: LHC/P 384/2011 delivered on 9th of June, 2019
AND FOR SUCH ORDER OR FURTHER ORDERS as this honourable court may deem fit to make in
the circumstances.
Dated this....................... day of ........................ 2019

------------------------------------------
DEFENDANT/APPLICANT’S COUNSEL
Oboagwina Caleb (Esq.)
Plot 1 Aremu, Ikoyi Lagos.
FOR SERVICE ON:
CLAIMANT/RESPONDENT’S SOLICITOR
Plot 50 Sway Lane, Obalande,
Lagos.
STAY OF EXECUTION
This application is usually made by an unsuccessful defendant who has appealed against a decision
made in favour of a claimant. S. 17 Court of Appeal Act. See NNPC v. BCE Consulting
Engineers (2004)2NWLR pt. 858, 484

EXAMPLE OF STAY OF EXECUTION

IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: 12/2/HC/LAG/03/16
MOTION NO........................
BETWEEN;
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K & T LTD ----------------- APPLICANT
AND
CROWN KITCHEN LTD ------------------ RESPONDENT
MOTION ON NOTICE
BROUGHT PURSUANT TO ORDER _________RULES ____________HIGH COURT RULES
(CIVIL PROCEDURE) RULE, 2012 AND ORDER ______ RULES ________OF THE COURT
APPEAL RULES 2016 AND UNDER INHERENT JURISDICTION OF THE COURT
TAKE NOTICE that this honourable court shall be moved on ----------------at the hour of 9.00am or so
soon thereafter as the Counsel for the Defendant/Applicant shall be heard for an application praying the
court for the following RELIEFS:
AN ORDER FOR STAY OF EXECUTION OF THE JUDGEMENT in Suit No LAG/12/2013 delivered
by his Lordship HON. JAMES O. OKON on 3rd day of June 2018 pending the hearing of appeal No
CA/03/01 already filed by the applicant at Court of Appeal.

AND SUCH FURTHER ORDER or orders as this honourable court may deem fit to make in the
circumstances.
Dated this 16TH day of April, 2019
----------------------------------------
DEFENDANT/APPLICANT’S COUNSEL
Oboagwina Caleb (Esq.)
Plot 1 Aremu, Ikoyi Lagos.
FOR SERVICE ON:
CLAIMANT/RESPONDENT’S SOLICITOR
Plot 5 Sway Lane, Obalande, Lagos

CHAPTER TWENTY-EIGHT

APPEAL

LEAVE TO APPEAL
IN THE HIGH COURT OF LAGOS STATE
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
SUIT NO: HC/LAG/03/16
APPEAL NO………………..
BETWEEN;
CROWN KITCHEN LTD ----------------------------- CLAIMANT/RESPONDENT
AND
K & T LTD ----------------------------- DEFENDANT/APPLICANT
MOTION ON NOTICE
BROUGHT PURSUANT TO SECTION 24 COURT APPEAL ACT 2004 AND UNDER THE
INHERENT JURISDICTION OF THE COURT
TAKE NOTICE that this honourable court shall be moved on ----------------at the hour of 9.00am or
so soon thereafter as the Counsel for the Defendant/Applicant shall be heard for an application
praying the court for the following RELIEFS:
AN ORDER FOR LEAVE OF COURT TO APPEAL against the judgment delivered by his
Lordship Donald Chukwu on 3rd day of march 2013 in Suit No. HC/LAG/03/13.

115


AND FOR SUCH FURTHER ORDER OR ORDERS as this honourable court may deem fit to
make in the circumstances.
Dated this 22nd day of MAY 2019
--------------------------------------
DEFENDANT/APPLICANT’S COUNSEL
OYARIN MICHEAL (Esq)
Plot 1 Agbor road,
Ikeja Lagos.
FOR SERVICE ON:
CLAIMANT/RESPONDENT’S SOLICITOR
Plot 54 Suleja Lane, Victoria Island, Lagos.

116


NOTICE OF APPEAL

IN THE COURT OF APPEAL OF NIGERIA

HOLDEN AT LAGOS
SUIT NO: HC/LAG/03/19
APPEAL NO………………..
BETWEEN;
MRS KAYUBA ------------------------------ APPELLANT
AND
AGRICULTURAL BANK PLC -------------------------- RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Claimant also called the Appellant being dissatisfied with the decision of
the lower court delivered by His Lordship, Justice Donald Chukwu of the High Court of Lagos
dated 1st day of February 2019, more particularly stated in paragraph 2 of this Notice of Appeal do
appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the
appeal, seek the relief sought in paragraph 4.
The appellant further states that the names and addresses of the persons directly affected by the
appeal are those set out in paragraph 5
2. DECISION APPEAL AGAINST:
The whole decision of the court; attached is a Certified Copy of the Judgement.
3. GROUNDS OF APPEAL:
Ground 1
The learned trial judge misdirected itself when it concluded that the claimant was not entitled to any
claim.
Particulars: The fact before the court was that the Appellant had supplied the goods and delivery
had been acknowledged. The respondent did not deny acknowledgment and reception of the goods.
The fact of substandard goods as alleged by the Defendant was after a period of six years of
performance of the contract.
Ground 2
The decision of the learned trial judge was against the weight of evidence before it.
4. RELIEFS SOUGHT:
The Appellant hereby seek the following reliefs:
a. An order setting aside the decision of the lower court;
b. An order that the Appellant is entitled to the payment of N7million being the balance of the
contract;
c. An order of special damages for breach of contract of the sum of N4million.
5. PERSONS DIRECTLY AFFECTED BY THIS APPEAL ARE:
Name Address
1. Mrs Kayuba (Appellant ) of No 2 Amed, Maitama Abuja
2. Agricultural Bank Plc of Plot 39 Garki, Abuja.

Dated this ---------------day of -----------2019

_____________________________
APPELLANT’S SOLICITOR
OBOAGWINA & Co., (EASY READ Chamber)
Plot 1 Amused, Maitama, Abuja.

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FOR SERVICE ON;
RESPONDENT’S SOLICITOR
JAYE OLA& Co.,
Plot 5 Suleja Lane, Obalande,
Lagos.

118



AN APPLICATION FOR EXTENSION OF TIME TO APPEAL (APPEAL WITH LEAVE)

IN THE COURT OF APPEAL OF NIGERIA
HOLDEN AT LAGOS
SUIT NO: HC/LAG/03/16
APPEAL NO------------
BETWEEN
K & T LTD -------------- APPLICANT
AND
CROWN KITCHEN LTD ------------ RESPONDENT
NOTICE OF MOTION
BROUGHT PURSUANT TO SECTION 24 OF COURT OF APPEAL ACT 2004 AND ORDER
…..
RULE…………OF THE COURT APPEAL RULES 2016 AND THE INHERENT
JURISDICTION OF THE COURT
TAKE NOTICE that this honourable court shall be moved on ----------------at the hour of 9.00am or
so soon thereafter as the Counsel for the Applicant shall be heard for an application praying the
court for the following RELIEFS:
1. EXTENSION OF TIME TO SEEK LEAVE TO APPEAL
2. LEAVE OF COURT TO APPEAL
3. EXTENSION ON TIME WITHIN WHICH TO FILE THE NOTICE OF APPEAL.
AND SUCH FURTHER ORDER OR ORDERS as this honourable court may deem fit to make in
the circumstances.
Dated this 2nd day of June 2019
-------------------------------------------
DEFENDANT/APPLICANT’S COUNSEL
Edom Bassey (Esq)
Plot 1 Akwa Ibom, Ikoyi Lagos.
FOR SERVICE ON:
CLAIMANT/RESPONDENT’S SOLICITOR
Plot 5 Suleja Lane, Obalande,
Lagos.

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AN APPLICATION FOR EXTENSION OF TIME TO APPEAL (APPEAL AS OF RIGHT)
IN THE COURT OF APPEAL OF NIGERIA
HOLDEN AT LAGOS
SUIT NO: HC/LAG/03/16
APPEAL NO------------
BETWEEN
K & T LTD ----------------------- APPLICANT
AND
CROWN KITCHEN LTD -------------------- RESPONDENT
NOTICE OF MOTION
BROUGHT PURSUANT TO SECTION 24 OF COURT OF APPEAL ACT 2004 AND ORDER
…..
RULE…………OF THE COURT APPEAL RULES 2016 AND THE INHERENT
JURISDICTION OF THE COURT
TAKE NOTICE that this honourable court shall be moved on ----------------at the hour of 9.00am or
so soon thereafter as the Counsel for the Applicant shall be heard for an application praying the
court for the following RELIEFS:
AN EXTENSION ON TIME WITHIN WHICH TO FILE THE NOTICE OF APPEAL
AND SUCH FURTHER ORDER OR ORDERS as this honourable court may deem fit to make in
the circumstances.
Dated this 2nd day of June 2019
-------------------------------------------
DEFENDANT/APPLICANT’S COUNSEL
Edom Bassey (Esq)
Plot 1 Akwa Ibom, Ikoyi Lagos.
FOR SERVICE ON:
CLAIMANT/RESPONDENT’S SOLICITOR
Plot 5 Suleja Lane, Obalande,
Lagos.

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CONTENTS OF A BRIEF OF ARGUMENT
1. Heading of the Appeal Court hearing Appeal
2. Appeal Number and Suit No
3. Parties to the Appeal
4. Title of Brief
5. Table of content
6. Introduction
7. Statement of Facts
8. Issues for determination(this are simply questions the Court of Appeal is called upon to resolve
and which determine whether the appeal will be allowed or dismissed)
9. Legal Argument
10. Summary and Condition
11. Signature
12. Table of cases and statues cited.

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CHAPTER TWENTY NINE

NOTICE TO QUIT AND OWNERS INTENTION TO RECOVER POSSESSION

To Mr. Dauda Kareem,

Onwambe Lodge
1, Olowo Street,
Lagos.
NOTICE TO QUIT
I, _____________ as legal practitioner to Chief Olowo, your landlord, and on his behalf, do
hereby give notice to quit and deliver possession of the 4-bedroom flat and its appurtenances,
situate at Onwambe Lodge, 1 Olowo Street, Lagos which you held of him as a yearly tenant
thereof on the 31st Day of December 2009.
Dated this___ day of___ 2018
_______
(Name)
Legal practitioner to the landlord,
Chief Olowo
1, Law School Street, Lagos

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OWNERS INTENTION TO RECOVER POSSESSION

EASY READ CHAMBER

Address: Plot 34Avenue, Wuse 11Abuja Phone No: 08033333333
E: mail: easyread @yahoo.com Website: www.easyread.com
Our Ref__________________________ Your Ref_______________________

TO:
AKOWE JACOB
Block 2 Flat 39 Ratmutu Street,
Wuse, Abuja.

Dear Sir,

I, Oboagwina Caleb, a Legal Practitioner of your landlord and upon his written authority do hereby
give you notice, that unless peaceable possession of the four Bedroom Flat with the premises
situate at Block 2, Flat 39 Ratmutu Street, Wuse, in the city of Abuja which were held of the owner
under a tenancy from year to year which was determined by notice to quit from the owner on the
31st day of December 2018 which premises are now held over and detained be given to the owner
on or before the expiration of seven(7) clear days from the service of this notice.

TAKE NOTICE that the owner shall on the 8th day of January 2019 apply to the High Court Federal
Capital Territory being the division or place in which the premises or any part thereof is situate for
a summons to eject any person there from.

Dated this 31st day of December 2018

__________________________
Oboagwina Caleb ESQ
Legal Practitioner to Landlord

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CHAPTER THIRTY

LETTERS
In drafting letters, the conventions governing letter writing such as layout, salutation and
complimentary close must be adhered to. Since the practitioner acts on behalf of a client in a
professional capacity, the letter should be written in plain English. It should never be
conversational; thus, can’t, won’t, they’re, and so on, should not be used. Such an informal style of
writing is inappropriate. Every letter should bear a date. The day should be written in figures, the
month in words and the year in figures. The month and year should not be abbreviated but be
written in full. For example; 5th October, 2014

CHECKLISTS OF GUIDELINES FOR STANDARD LAWYER’S LETTER TO CLIENT

1. Letterhead – This contains the names, address, references, and qualifications of the writer. It
must be simple and sober.
2. Date – The applicable mode in Nigeria is: the day, month (written in words), and year e.g. 4
December 2009. Note; British English should be used, also their style. E.g. 11 January 2013 is
for British, while January 11, 2013 is for America.
3. References – This is usually inserted. It is helpful when filing and making cross-references.
4. Status of the letter – The word private and confidential (if necessary) should be included.
5. Name and address of the recipient – Identify the reader by name, title or both.
6. Salutation – The level of familiarity would consider what to salute with e.g. Dear Sir, Dear Mr
ABC.
7. Subject head – This should give a summary of what the letter contains. It is recommended to
be in sentence style capitalization and not in capital letters except where absolutely necessary
e.g. My Expectation in Law School. Note; if there was a notice before, then "Re" is used. RE is
used when there has been a previously discussed issue. E.g. in reporting to a client on a case, in
letter, it will be: RE: BRIGHT V. ADEOLA HC/11/12/10.

8. Body of the letter – This is the bulk part of the letter which can be grouped under the following
heads:
a) The opening – introduces or acknowledges the content of the letter.
b) The middle – the actual message which may be one or more paragraphs (numbering is
also accepted).
c) The closing – This is the expected action from the recipient.
9. Complimentary closure of the letter – This is the choice or the mode of salutation. It should
be noted that the closure is a determinant factor of the salutation. For example, Dear Sir closes
with yours faithfully; Dear Mr ABC closes with yours truly, etc.
10. Name and signature of the writer – It is advisable to always sign on top of the name. When
signing on behalf of someone, you must indicate it by adding the word “for”. For example, For:
Mr ABC. However, the expression “pp.” is used in some cases.
11. Enclosure – Where you enclose or attach other documents, you should indicate that fact and
you may list or omit the list of the documents. (Encl (Encls-for more than one documents
attached) is the short form of Enclosure).
12. Copies – This is used where there is need to notify other persons about the message in the letter.
It is known as the distribution list. (CC is the short form of Copies). It is also used to notify the
recipient that same copy has been sent to other persons. But where a blind copy is to be sent to
other persons, nothing should be shown on the letter.

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LETTER FOR DEMANDS

EASY READ CHAMBER
Address: Plot 34Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: easyreadcaleb @yahoo.com Website: www.easyread.com
Our Ref__________________________ Your Ref_______________________

20th JUNE, 2018

The Managing Director,
JIMMY Nigeria Plc.,
No 1 Akowe Street, Maitama,
Abuja.

Sir,

DEMAND FOR PAYMENT OF DEBT

We are Solicitors to UBA plc. of No 1 Bwari Street, Garki-Abuja hereby give you notice to pay us
the sum of N5, 000,000,000 (five billion) being the principal sum you are owing UBA plc., under a
Debenture dated 1st of August 2016 and all the interest due amounting to the sum of N5million.
TAKE NOTICE that if the said sum of N5billion and N5million comprising the principal sum and
the interest due is not paid before the expiration of the month from the date of receipt of this
demand letter, we shall proceed on behalf of UBA Plc. to enforce all or any of the remedies
available under the terms of the said debenture.

Yours faithfully,
OYEMECHI THANKGOD Esq.
Principal Partner
Easy read Chamber.

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LETTER FOR ADJOURNMENT

EASY READ CHAMBER
Address: Plot 34Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: easyreadcaleb @yahoo.com Website: www.easyreadlegal.com
Our Ref__________________________ Your Ref_______________________

23rdAugust 2018

The Registrar
High court 5,
Ikeja, Lagos State

APPLICATION FOR ADJOURNMENT

I, humbly apply for adjournment in the case between Mr Lucky Agor and 2ors v ThankGod
Onyemaechi suit no. IKJ/10/ 2014 which its next date is 2nd September 2016 before your Lordship.

I will not be around on that day due to the accident I was involved in; I am currently receiving
treatment at the university teaching Hospital Lagos state and would not be discharge until the next
three weeks.
All inconveniences to my Lord, to this honourable court, to the respondent and my client is greatly
regretted.
I humbly suggest the 4th day of October 2016 or any other day to the convenience of the
Honourable court.
Yours Faithfully
Oboagwina Caleb Esq.
Applicant counsel

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LETTER REPORTING TO CLIENT

EASY READ CHAMBER

Address: Plot 34Avenue, Victoria Island Lagos. Phone No: 08033333333
E: mail: easy read @yahoo.com Website: www.easy read.com
Our Ref__________________________ Your Ref_______________________

20th JUNE, 2018

The Managing Director,

JIMMY Nigeria Plc.,
No 1 Akowe Street, Maitama,
Abuja.

Sir,
RE: JIMMY NIGERIA PLC. v. MR DAVID MUSA
With respect to the above matter, the Federal High Court at Igbosere heard the matter for the first
time on 7th December, 2015, and made an adjournment for 23rd January, 2016.
[
Subsequently following the adjournment by the Federal High Court, Mr David Musa, approached
our legal team for settlement out of court.

Due to certain advantages of such out of court settlement; such as privacy, sustenance of
relationship, less cost and time; as your legal practitioner, we would advice that you consider it.
Should you consider settling out of court, kindly inform us to fix a meeting before 23rd January,
2016.
Thank you.

Yours faithfully,
OYEMECHI THANKGOD Esq.
Principal Partner
EASY READ CHAMBER

LETTER OF APPLICATIONS
No.2 Ajala Street
Victoria Island
Lagos
19th August, 2018
The Principal Partner
Law and Equity Partners
No.26 John Bull Crescent
Lagos Island

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Lagos State
Dear Sir,
APPLICATION FOR EMPLOYMENT AS COUNSEL ½ mark
I hereby apply for employment as a Counsel in your law firm. I am lawyer of one year post call
with good communication and advocacy skills.
Kindly find attached to this application, my detailed Curriculum Vitae. ½ mark
Thanks in anticipation of a favourable consideration of my application.
Yours faithfully,
Signature
A.B Smart Esq.
Encl: Curriculum Vitae

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BILL OF CHARGES

EASY READ CHAMBER

Address: no 24 Nigerian Law school street, Victoria Island, Lagos Phone No: 0803333333
E: mail: easy read @yahoo.com Website: www.Easy .com
Our Ref__________________________ Your Ref________________________________

20th MAY, 2018

Mr. Agor Lucky Chima,
No 24 Aba roads, Port Harcourt
Rivers state
Sir,
BILL OF CHARGES
This is to notify you about your bill of charges for the representation made on your behalf for the
purchase of property located at No24 Elelewon Street, Port Harcourt Rivers State.
The Principal Item Charged: NEGOTIATION FOR PURCHASE OF PROPERTY

Date Particulars of Items Amount

27-4-2010 Expenses Incurred on search N24,000.00
2-12012 Preparation of Document of Transfer N13,500.00
2-1-2012 Legal Practitioners Fee for Negotiating a Purchase of N233,500.00
Property
TOTAL COST N271,000.00

TAKE NOTICE that you are expected to make the payment to the firm’s Account No: 299600267
with Zenith Bank PLC, Bwari Branch on or before 30th June, 2014.

Yours faithfully,

Jaye –Ola Solomon Esq.

Associate Counsel
For: Easy Read Chamber.

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CHAPTER THIRTY ONE

MINUTE OF MEETING
A minute of a meeting is simply the official record of what was said or done during the course of
the meeting of an organization, society or club. The law sometimes prescribed the nature and
content of a minute book. For instance, Section 241 and 242 of CAMA makes provision for minutes
of meetings of companies registered with Corporate Affairs Commission. Note; Minutes are also
known as protocols and are instant records of meetings, it Should be able to give overview of
structure of meeting, state the various points discussed, List of those present, state the issues before
participants and responses of participants.

TIPS IN WRITING EFFECTIVE MEETING MINUTES

1. Know the purpose
2. Keep it concise
3. Get the right info and follow the right format
4. Simple language
5. Be clear
6. Be precise
7. Proof-read

FUNCTIONS OF MINUTES OF MEETINGS

1. The minutes help in drawing the agenda for subsequent meetings
2. Decision reached at the meeting help in guiding future discussion
3. The possibility of repeating matters already discussed in previous meeting is avoided
4. It serves as a source of reference for the organisation on relevant matters
5. It may be relied on to ascertain resolution made by the organisation

BASIC CONTENTS OF MINUTES

1. Heading –stating type of meeting, venue and date

2. Attendance (present/absent)
3. Other parties in attendance
4. Opening Prayer
5. Reading minutes of the last meeting
6. Adoption of the minutes of the last meeting
7. Matters arising
8. Agenda for the meeting
9. Any other business
10. Motion for adjournement
11. Closing prayer
12. Signed by Secretary and Chairman

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EXAMPLE OF MINUTES OF MEETINGS
MINUTES OF MEETING OF LAW AND EQUITY PARTNERS HELD AT NO. 26 JOHN
BULL CRESCENT,
LAGOS ISLAND, LAGOS ON 25TH DAY OF JULY, 2015
PRESENT:
1. Chief Eric Johnson – Principal Partner
2. Mr. Felix Johnson – Partner
3. Mrs. Bimbo Allen – Counsel
4. Mr. Afees Looper – Counsel
IN ATTENDANCE:
1. Mr. Robert Bridgestone – Estate Surveyor
OPENING PRAYER
The meeting commenced at about 9am with the opening prayer said by Mrs. Bimbo Allen. It was
observed that quorum was properly formed.
READING AND ADOPTION OF THE MINUTES OF THE LAST MEETING:
The Minutes of the last meeting of the firm was read and a few corrections were made. The Minutes
was then seconded and adopted and the meeting preceded the agenda of the day’s meeting.
MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING:

AGENDA
1. QUARTERLY REVIEW OF FIRM’S ACTIVITIES
2. PROPOSED PURCHASE OF A BUILDING FOR A LAW FIRM
3. EMPLOYMENT OF ADDITIONAL LAWYERS
ANY OTHER BUSINESS

MOTION FOR ADJOURNMENT

Mr. Felix Johnson moved a motion for adjournment, seconded by Mrs. Bimbo Allen

CLOSING
The meeting ended at 12:27pm with the closing prayers said by Mr. Felix Johnson.
_________ ________
Chief Eric Johnson Mr. Afees Looper
Chairman Secretary

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CHAPTER THIRTY TWO

CURRICULUM VITAE
This is a brief account of a person’s qualifications and previous occupations, sent with a job
application.

CONTENT OF CURRICULUM VITAE

1. Name
2. Address (home or permanent, not P. O. Box)
3. Telephone and e-mail address (if any)
4. Date of birth
5. Sex
6. Nationality
7. Schools attended
8. Academic qualifications with dates
9. Courses experience
10. Hobbies
11. Referees

EXAMPLE OF CURRICULUM VITAE

1. PERSONAL DETAILS
Surname: Smart
Other Names: Abuh Bako
Date of Birth: 29th January, 1989
Place of Birth: Bwari
Home Town: Bwari
State of Origin/L.G.A Federal Capital Territory/Bwari Area Council
Nationality: Nigerian
Sex: Male
Marital Status: Single
Tel No.:/E-Mail Address 08033322998/smarky@yahoo.com

2. EDUCATIONAL INSTITUTIONS QUALIFICATIONS ATTENDED (with Dates)

Nigerian Law School, Abuja 2016
University of Abuja, Abuja 2015
Comprehensive High School, Bwari, Abuja 2006
Unity Junior School, Bwari, Abuja 2000

3. EDUCATIONAL QUALIFICATIONS (with Dates)

Call to Bar Certificate/Qualifying Certificate/BL 2016
Bachelor of Law, LL.B (Hons.) 2015
Senior School Certificate Examination (SSCE) 2014
First School Leaving Certificate 2000

WORKING EXPERIENCES (With Dates)

Legal Adviser, Jos Local Government Area, Jos (NYSC) 2016-2017

4. HOBBIES

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Table Tennis & Reading

5. REFEREES
1. MR. JACKSON ORUWOLE
Medical Lab Scientist
Department of Public Health
General Hospital
Bwari
Federal Capital Territory, Abuja
2. MR. JACOB MALCOLM
Partner
Igwe & Partners
Destiny Chambers
Barrister & Solicitors
No. 60 Aguda Road
Kubwa,
Federal Capital Territory, Abuja

SIGNATURE AND DATE: …………………………………………………………

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CHAPTER THIRTY THREE

MEMORANDUM
Memorandum is an official communication used internally. Apart from letters, memorandum can
be sent out but only internally.

EXAMPLE OF MEMORANDUM
COUNCIL OF LEGAL EDUCATION
THE NIGERIAN LAW SCHOOL
ABUJA CAMPUS
BWARI ABUJA
INTERNAL MEMORANDUM
FROM: The Director of Students Affairs
TO: Bar Part II students 2016/2017 session
DATE: 14 December, 2016.
SUBJECT: INVITATION TO WELCOME COCKTAIL

You are hereby invited to a welcome cocktail party which will take place as follows:
Date: 16 December 2016.
Venue: School dining Hall
Time: 6 pm

Thank you for the anticipated response.

………………………….
Mr.Osamolu
(Director of Students Affairs)

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CHAPTER THIRTY FOUR

LEGISLATIVE DRAFTING
A person who engages in legislative drafting is called a Draftsman. End product is a Bill. Bill
becomes a Law or an Act through Legislative Process.
STAGES OF DRAFTING A LEGAL DOCUMENT
There are several stages of drafting which include;
1. Understanding: It is essential that the draftsman understands fully the instruction received in
respect of the law he is going to draft. These are the instructions emanating from the authority
sponsoring the law to the legislative draftsman who is responsible for reflecting policies in laws
or statutes. Apart from receiving the drafting instructions, it is advisable to meet with the
officials of the sponsoring authority. Conference, formal and informal meetings may be
appropriate (Consultation).
2. Analysis: Legislative proposals should be carefully analysed in relation to the following:
a) Existing law-This is to avoid conflict of laws.
b) Potential danger areas and
c) Practicability.
3. Design: This is the act of working out the form of something (i.e. by making a sketch, outline
or plan); the outline or framework prepared by the draftsman that assists him in visualizing the
shape or broad content of the enactment.
4. Composition: The draftsman will, invariably, rely on some aids to compose. These aids
include precedents, statutes on similar sub or related subjects, both local and other jurisdictions.
Proper use of precedents may constitute a source of ideas, in addition to serving as a guide in
the actual drafting.
5. Scrutiny: This is the last stage of drafting. One expects the draftsman to have checked and re-
checked the drafts in previous stages, and must have had series of conferences and meetings,
both formal and informal, with those sponsoring the statute. Errors or mistakes, especially of
substance and against the general intendments of the statute must have been detected, corrected
and put in place.

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Please kindly take note of the instructing authority it may be either state (Law) or federal
(Act)

a. Legislative drafting in their chronological orders;

1. Long Title
A BILL FOR AN ACT TO INCLUDE SKILLS ACQUISITION IN THE TERTIARY
INSTITUTIONS CURRICULUM AND RELATED MATTERS
2. Commencement
Commencement: [27th May, 2015]
3. Enacting Formula
BE it enacted by the National Assembly of the Federal Republic of Nigeria as follows:-
4. Short Title
This may be cited as ‘Tertiary Institutions Skills Acquisition Act, 2015
5. Interpretation
In this Act, skill includes:____
Or
In this Act, skill means______
6. Application
The Act shall apply to all tertiary institutions in Nigeria.

HOW NUMBERING OF SECTIONS ARE ARRANGED

• Section
This is drafted as “section 1”
Note: sections are drafted using numerical figures without the use of bracket ()
• Sub section
This is drafted as “section 1(1) - sub section”
Note: sub-sections are drafted using numerical figures with the use of bracket ()
• Paragraph
This is drafted as “section 1(1) (a)” – paragraph
Note: paragraphs are drafted using small alphabet with the use of bracket ()
• Sub – paragraph
This is drafted as “section 1(1) (a) (v)” - sub- paragraphs
Note: sub- paragraph are drafted using Roman numeral with the use of the bracket ()
• Sub- sub paragraph
This is drafted as section 1(1) (a) (v) (A) -sub sub paragraphs
Note: sub-sub paragraph are drafted using capital alphabet l with the use of the bracket ()

FOR INSTANCE;
One of the cardinal objectives of the Bauchi State Government is the promotion of education in the
State. As part of measures to reduce the level of illiteracy among the adult population in the State,
the Government has resolved to set up an agency that will be saddled with the responsibility of
educating persons of the age of 20 years and above in primary and secondary education.
To this end, the State Executive Council has mandated the Honourable Attorney-General of the
State to send a Bill to the State House of Assembly, towards the actualization of this objective. The

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Law, when enacted shall come into effect on a date to be stipulated by the Commissioner for
Information.
You are a Junior State Counsel in the Ministry of Justice and the Attorney-General has instructed
you to prepare the Bill for presentation to the State House of Assembly.
Answer the following questions:-
a) Mention the stages by which you will proceed for the purpose of drafting the Bill.

ANSWER TO QUESTION A
The stages in drafting the bill are as follows:
1) Receiving and understanding instructions for the draft
2) Analysing the instructions
3) Designing the Draft
4) Composing the Draft
5) Scrutinizing the Draft

(b) Assuming that analysis is one of the stages you identified in (a) above, list four areas you
will have to focus on, at that stage.

ANSWER TO QUESTION B
At the analysis stage, the areas I will focus on are as follows:-
1. Whether there are existing laws in the proposed areas of the legislation.
2. The potential danger areas
3. Practicality of the policy
4. Categories of persons to whom the proposed law is applicable

(c) Draft the following parts of the Bill:

(i) Long title
ANSWER TO QUESTION C (i)
“A BILL FOR LAW TO REDUCE THE LEVEL OF ILLITERACY AMON THE ADULT
POPULATION IN THE STATE AND SET UP THE BAUCHI STATE ILLITERACY
ERADICATION AND OTHER MATTERS CONNECTED THERTO”

(ii) short title

ANSWER TO QUESTION C (ii)
This law may be cited as Illiteracy Eradication Law 2017

(iii)Commencement

ANSWER TO QUESTION C (iii)

This law shall come into effect on a date to be stipulated by the Commissioner of Information.

(iv) Enacting clause

ANSWER TO QUESTION C (iv)

ENACTED BY the Bauchi State House of Assembly of the Federal Republic of Nigeria as follows:

(v) Establishing clause

ANSWER TO QUESTION C (v)

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There is hereby established a body to be known as the Bauchi State Illiteracy Eradication Agency
(hereinafter referred to as the Agency).

(vi) Interpretation section

ANSWER TO QUESTION 3C (vi)

In the law, unless the Bill otherwise provides:
Adult age includes persons above the age of 20 years.
Agency means____________

(d) State three professional duties, which as a drafts man, you owe the sponsor of the Bill.

ANSWER TO QUESTION 3D
The professional duties a draftsman owes the sponsor of the Bill are as follows:
1. Duty to copy the instructions of the sponsor of the Bill.
2. Duty to draw the attention of the sponsor to existing legislation in the proposed legislation.
3. Duty to advise on the practicability of the proposed law.
4. Duty to draw the attention of the sponsor to the potential danger areas in the proposed
legislation

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