CONSTITUTIONAL LAW CASES/JUDGMENTS

7-UP BOTTLING COMPANY LTD. & ORS V. ABIOLA AND SONS NIGERIA LTD

CONSTITUTIONAL LAW – FAIR HEARING:- Meaning and Nature of Fair Hearing

CONSTITUTIONAL LAW AND JURISPRUDENCE – LEGAL SYSTEM – JUDICIAL PRECEDENT: Effect of Judgments of Supreme Court on lower courts

A. AMEH A. AKPA DIGA V. ADAM TONY

CONSTITUTIONAL LAW- FAIR HEARING:- Right to fair hearing – Whether entails more than physical hearing alone – Whether is satisfied where all reasonable opportunity has been afforded a litigant for the presentation of his case – Delay of court proceedings – Whether abuse of court processes disentitling its perpetrator of right to later claim he has not been heard

CONSTITUTIONAL LAW – FAIR HEARING:- S.33 of the 1979 Constitution – Need to ensure, in Civil Cases, that a balance is struck between the Plaintiff’s right to have his case heard expeditiously and the Defendant’s right to put across his defence to Plaintiff’s suit

A.D. GULAB (NIGERIA) LTD V. SACHDEVA

CONSTITUTIONAL LAW/INTERPRETATION OF STATUTE – Legislation – Supreme Court (Civil Procedure) Rules (in vol. X of 1948 Laws of Nigeria) Order 5, Order 14, rule 6, Order 26, rule 4(a)

A.G. ABIA STATE AND 35 ORS V. A.G THE FEDERATION

CONSTITUTIONAL LAW:– “Text” used in section 315(2) of the 1999 Constitution – meaning of.

CONSTITUTIONAL LAW:– Existing law – Scope and extent of the modification that the President can make to an existing law under section 315 of the 1999 Constitution.

CONSTITUTIONAL LAW:– Revenue allocation – Paragraphs 2(1)(a) and 3 of the Allocation of Revenue (Federation Account, etc) (Modification) Order 2002 made by the President of Nigeria under section 315 of the 1999 Constitution which modified existing Revenue Allocation Laws – Whether constitutional.

CONSTITUTIONAL LAW:– Separation of powers – Rationale of – Powers expressly given by section 315 of the 1999 Constitution to the President and Governors to modify existing laws and bring them into conformity with the Constitution – Whether an abuse of the doctrine of separation of powers.

CONSTITUTIONAL LAW:– Existing law under section 315 of the 1999 Constitution – Main condition that the modification of existing law must satisfy thereunder.

A.G. ABIA STATE AND 3 ORS V. A.G THE FEDERATION AND 33 ORS.

CONSTITUTIONAL LAW – Creation of new state from an existing one with assets and liabilities – Attachment of assets and liabilities to new state – Section 7 of the States (Creation and Transitional Provisions) (No. 2) Decree No. 41 of 1991 – A.G., Ondo State v. A.-G., Ekiti State (2001) 17 NWLR (Pt. 743) 706 – whether liabilities extends to deduction of monies due new State by Federal Government to service loans set against old State – how treated

CONSTITUTIONAL LAW:- Federation Account – Status of – Monies due to a state thereof – Whether Federal Government can deduct therefrom to service obligation owed by a State – Justifications

CONSTITUTIONAL LAW:- States in Nigeria – Legal basis of existence of – Section 3(1), 1999 Constitution – States (Creation and Transitional Provisions) (No. 2) Decree No. 41 of 1991 – Implications for existing public assets and liabilities

A.G. ADAMAWA STATE AND 21ORS. V. A.G THE FEDERATION AND 8 ORS.

CONSTITUTIONAL LAW:- Revenue allocation – Law-making powers of  the Federation – Nature and Power of National Assembly with respect thereto

CONSTITUTIONAL LAW:- Power of a State Governor to give lawful directive to a State Commissioner of Police – Scope of

A-G. BENDEL STATE V. A-G. FEDERATION AND OTHERS

CONSTITUTIONAL LAW:- Supreme Court – Powers under Section 212(1) 1979 Constitution – Meaning of “dispute” in Section 212(1) 1979 Constitution.

CONSTITUTIONAL LAW:- Federation Account – Duty of the Federal Government to account for all monies paid thereto – Whether Federal Government is liable for failure to keep proper account

A.G., EASTERN NIGERIA V. A.G. FEDERATION

CONSTITUTIONAL LAW – Constitution of Federation-Constituencies: number and demarcation; whether any Region has a legal right to a particular number-Monetary grants to Regions out of Distributable Pools Account-Alteration of Fractions.

CONSTITUTIONAL LAW – Right to fair hearing – Right of Governor to execute recommendation – whether court can question or grant remedy – (Constitution) Order in Council 1954 Section 180A(1), section 105 (3), section 180 7, section 180D, section 180K – Eastern Region Public Service Commission Regulations (1958). Regulation 30; Nigeria Offices of Governor – General and Governors) Order in Council 1954.

A.G. FEDERATION V. ATIKU ABUBAKAR

CONSTITUTIONAL LAW – SUPREMACY:- Nature and function of the Constitution – Where provisions of any law are inconsistent therewith – Effect.

CONSTITUTIONAL LAW- INTERPRETATION:- Interpretation of the Constitution Principles guiding – Constitution Drafting Committee report – Resort thereto – Whether allowed

CONSTITUTIONAL LAW – FEDERALISM:-  Executive power of Federal Republic of Nigeria – In whom vested – How exercised.

CONSTITUTIONAL LAW  AND HUMAN RIGHTS:- Fundamental rights – Freedom of assembly and association – Constitutional guarantee of – Scope and extent of – Section 40, 1999 Constitution.

CONSTITUTIONAL LAW AND HUMAN RIGHTS:-  Fundamental rights – Right to freedom from discrimination – Constitutional guarantee of’- Section 42(1)(x), 1999 Constitution

CONSTITUTIONAL LAW  – IMPEACHMENT OF PRESIDENT:- Impeachment or removal of President or Vice President of Federal Republic of Nigeria – Power in respect thereof – Nature of – When exercisable.

CONSTITUTIONAL LAW – RESIGNATION AND CESSATION OF TENURE:- Office established by the Constitution – Resignation of holder therefrom – Proper Procedure– Section 306, 1999 Constitution – When tenure ceases – Section 135, 1999 Constitution

CONSTITUTIONAL LAW – EXECUTIVE:- Office of President and Vice President of Federal Republic of Nigeria – Qualification, for election thereto or disqualifications therefrom, tenure of, oaths of – Constitutional basis – Sections 130 and 141, 1999 Constitution

CONSTITUTIONAL LAW – EXECUTIVE:- Office of President of Federal Republic of Nigeria -Functions of – When Vice President may discharge same – Section 146(3)(a), 1999 Constitution

CONSTITUTIONAL LAW:- Political parties – Aims and objects of­ – Need to conform with provisions of Chapter II of 1999 Constitution.

CONSTITUTIONAL LAW – President and Vice-President of Federal Republic of Nigeria -Relationship between both – Nature of­ Whether akin to one of master and servant.

CONSTITUTIONAL LAW – President of Federal Republic of Nigeria – Removal from office – Sections 143, 144 and 146, 1999 Constitution.

CONSTITUTIONAL LAW – President or Vice President of Federal Republic of Nigeria –Resignation from political party on which platform he was elected – Effect – Whether deemed to have vacated office

CONSTITUTIONAL LAW – Presidential election – Office of Vice­ President – Candidate therefor – Nomination of- Procedure therefor – When deemed dirty elected – Section 142, 1999 Constitution.

CONSTITUTIONAL LAW – Removal of President or Vice-President of Federal Republic of Nigeria – Power in respect thereof- In whom vested – Section 143, 1999 Constitution.

CONSTITUTIONAL LAW – Removal of President or Vice-President of Federal Republic of Nigeria – Meaning of “Gross misconduct “ as prescribed in 1999 Constitution – Who may determine same – Grounds for same – Whether includes resignation of Vice President from political party on which elected and criticisms of government policies.

CONSTITUTIONAL LAW – EXECUTIVE – VICE PRESIDENT:- Removal of – Proper procedure thereof – Power in respect thereof- In whom vested – How exercised .

CONSTITUTIONAL LAW – EXECUTIVE – VICE PRESIDENT:- Vice-President of Federal Republic of Nigeria – Office of – When deemed vacant – Meaning of “Any other reason” in section 146(3)(c), 1999 Constitution – Whether provides for constructive resignation of Vice-President.

JURISPRUDENCE AND PUBLIC LAW – LEGAL SYSTEM:- Reprehensible conduct – Whether per se illegal.

A.-G, FEDERATION V. A.-G, IMO STATE & ORS.

CONSTITUTIONAL LAW:- Actions separately instituted in 3 State High Courts against Federal Electoral Commission’s conduct of voter registration/enrollment – Whether State High Court has no original jurisdiction to entertain same

A.G. IMO STATE V. A.G RIVERS STATE

CONSTITUTIONAL LAW:- Supreme Court – Original Jurisdiction – Whether extends to a claim by an individual against a foreign Mission in Nigeria – Section 212, Constitution of the Federal Republic of Nigeria, 1979 – Supreme Court Act 1960 Sections 16 and 19 – Whether action is therefore an abuse of the process of the Court

A.G., LAGOS STATE V. A.G., FEDERATION

CONSTITUTIONAL LAW – Allocations received on behalf of Local Government Council – Duty of State in respect of same.

CONSTITUTIONAL LAW – Disputes” between Federation and States – Proper forum to settle.

CONSTITUTIONAL LAW – Duty of the National Assembly to make Consequential amendments to the provisions of the Constitution when additional or new Local Government Councils are created by the States.

CONSTITUTIONAL LAW – Local Government Councils and Local Government Areas under the 1999 Constitution –
Relationship between.

CONSTITUTIONAL LAW – New or additional Local Government Council – Procedure for creation of.

CONSTITUTIONAL LAW – Process of creation of new or additional Local Government Council – Domestic nature of.

CONSTITUTIONAL LAW – Section 162(5) of the 1999
Constitution – Right and duty of State Government thereunder.

CONSTITUTIONAL LAW – Sharing revenue from the Federation Account among the tiers of Government – Procedure therefor.

CONSTITUTIONAL LAW – Statutory Allocation from the Federation Account to States which created new Local Government Areas or held elections into new Local Government Councils or failed to maintain State Joint Local Government Account – Whether the President has constitutional power to direct the Minister of Finance not to
release same.

ATTORNEY-GENERAL, LAGOS STATE V. THE ATTORNEY-GENERAL OF FEDERATION

CONSTITUTIONAL LAW:- Legislative competence – National Assembly – When law made by federal legislature can be declared ultra vire, unconstitutional, null and void for encroaching on State legislative competence Registration, classification and grading of ospitality and tourism enterprises in Lagos State- Nigerian Tourism Development Corporation Act Cap. N137 – Whether Section 4[2][c], [d] and the Regulations made thereunder and Section 7 are ultra vires the legislative competence of the National Assembly and therefore unconstitutional, null and void

A.G. OGUN STATE V. A.G THE FEDERATION

CONSTITUTIONAL LAW – Federation Account – proceeds from capital gains tax and stamp duties – whether can be paid to the states or into the Federation Account having regard to the provisions of section 163(b) of the 1999 Constitution and in the absence of a law by the National Assembly specifying the mode of allocation of the proceeds on the basis of derivation.

CONSTITUTIONAL LAW – Funds for Local Government Councils in the Federation Account – whether it is constitutional for the Federal Government to pay such funds directly to the councils under section 162(5), (6) and (8) of the 1999 Constitution.

CONSTITUTIONAL LAW – Sections 3, 6(1), (2) and (3) of the Allocation of Revenue (Federation Account etc) Act – whether constitutional vis-à-vis section 162(5), (6) and (8) of the 1999 Constitution.

A-G. ONDO STATE V. A-G. FEDERATION AND ORS.

CONSTITUTIONAL LAW:- Original jurisdiction of Supreme Court – Condition for invoking precedent – Need for justifiable dispute between the Federation and a State or between States including a legal right of the Federation or State – Action by Ondo State against Federation and 18 remaining States and FEDECO, alleging usurpation of FEDECO’s duties and wrongful compilation of voters register – No legal right of Ondo State Qua Constituent unit of Federation involved – No real dispute with the Federation or other States, dispute between State and FEDECO – Original jurisdiction of Supreme Court to hear such.

A.G. PLATEAU STATE V. A.G NASARAWA STATE

CONSTITUTIONAL LAW-State creation-Assets and liabilities of old State – Sharing of – Principles guiding.

CONSTITUTIONAL LAW – State creation – Loans and financial expenses over assets of a State – Duty on State to accept responsibility for.

A.G., WESTERN NIGERIA V. THE AFRICAN PRESS LTD

CONSTITUTIONAL LAW:- Supreme Court – Original Jurisdiction – Whether extends to a claim by an individual against a foreign Mission in Nigeria – Section 212, Constitution of the Federal Republic of Nigeria, 1979 – Supreme Court Act 1960 Sections 16 and 19 – Whether action is therefore an abuse of the process of the Court

ABBA ASHEIK VS GOVERNOR OF BORNU STATE AND OTHERS (CA)

CONSTITUTIONAL LAW:- Enforcement of Fundamental rights -Action for – Jurisdiction of court to entertain – Condition precedent thereto.

CONSTITUTIONAL LAW:- Fundamental rights – Enforcement of fundamental rights – Federal High Court – ‘State High Court -Concurrent jurisdiction of in matters dealing with enforcement of fundamental rights.

CONSTITUTIONAL LAW:- Kwara State government – Whether an agency of Federal Military Government

ABDULHAMID V. AKAR

CONSTITUTIONAL LAW:- Right of appeal – Person convicted and sentenced for offence of murder – Right of appeal of – Automatic nature of – Duty on court to give effect thereto.

ABIODUN V. ADEHIN

CONSTITUTIONAL  LAW:- distinction between an executive authority created under a law for an area and a judicial centre with jurisdiction over the area

CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING – PRESUMPTION OF INNOCENCE: Presumption of innocence in a criminal trial – Constitutional basis

ABUBAKAR MOHAMMED V. THE STATE

CONSTITUTIONAL LAW:– “Subject to the provisions of this Constitution” contained in section 230(1)(r) of the 1999 Constitution – meaning of

CONSTITUTIONAL LAW:– Section 230(1)(s) of the 1979 Constitution – scope of – how construed.

CONSTITUTIONAL LAW AND HUMAN RIGHTS – FUNDAMENTAL RIGHTS:– Categories of under the Nigerian Constitution

CONSTITUTIONAL LAW AND HUMAN RIGHTS – FUNDAMENTAL RIGHTS:– Fundamental Rights (Enforcement Procedure) Rules – whether applicable to actions relating to declaration of title to land

ADEBANJO OLAYINKA V. ADEBOLA ADEPARUSI & ANOR

CONSTITUTIONAL LAW: – Section 221 of the 1999 Constitution – Election – Whether the Constitution requires a political party to have a candidate for an election and not that a political party contests election – Whether a petitioner who did not contest an election cannot present a petition regarding the election

ADEDEJI V. OLOSO

CONSTITUTIONAL LAW:- Right of appeal – Section 241(2)(c) of 1999 Constitution of Federal Republic of Nigeria – Purport of – Whether deals with consent judgment

ADEDIRAN  V INTERLAND TRANSPORT LIMITED

CONSTITUTIONAL AND PUBLIC LAW – SUPREMACY:- The Constitution as the basic law of Nigeria – Section 1(1) which makes the Constitution supreme – Bindingness of its provisions on all persons and authorities throughout the country

CONSTITUTIONAL AND PUBLIC LAW:- Existing laws – Section 274(4) (iii)(b) of the Constitution – Section 15 of the Constitution (Suspension and Modification) Decree No. 1 of 1984, as amended by Decree No.17 of 1985 – Provision that all existing laws shall have effect with such modifications as may be necessary to bring them into conformity with the Constitution as amended, suspended or modified – Whether applies to both common law rules and principles applicable in Nigeria – Implication for common law rules as to nuisance

ADEGBENRO V. A.G., FED.

CONSTITUTIONAL LAW:-Appeal to Privy Council – Nigeria (Constitution) Order-in-Council, 1960, Second Schedule, Constitution of the Federation, section 114

CONSTITUTIONAL LAW:-Constitutional Reference — Nigeria (Constitution) Order-in-Council, 1960, Second Schedule, Constitution of the Federation, section 108 (2) Appeal to Privy Council as of Right Decision of Federal Supreme Court on Constitutional Reference -Final Decision – Nigeria (Constitutional) Order-in-Council, 1960, Second Schedule, Constitution of the Federation, section 114.

CONSTITUTIONAL LAW:- Written Constitution – Interpretation of – Governor – Power to remove Regional Premier from Office —Nigeria (Constitution) Order-in-Council, 1960, Fourth Schedule, Constitution of Western Nigeria, section 33(10) – Power conditional by formula of Words – Construction of words determining constitutionality of Governor’s action – Limitation on Governor’s powers – Need for same to be found in the words used

CONSTITUTIONAL LAW:- Governor – Power to remove Regional Premier from office – Loss of support of majority of House of Assembly -Evidence of such loss of support on which Governor may act — Whether not confined to vote on floor of House – Whether Governor may assess any material available to him as to whether Premier has lost support of majority – Whether Governor may act on letter from majority of members

ADEGBENRO V. AKINTOLA

CONSTITUTIONAL LAW:– Right to fair hearing – 33(1) & (4) of the 1979 Constitution.- Consequence of a breach of the rules of natural justice

CONSTITUTIONAL LAW AND JURISPRUDENCE – JUDICIAL POWERS:- Purpose of in a constitutional democracy – Duty of court not to afford a blind implementation to the acts/decisions of the executive arm of government

ADENIYI  V GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY

CONSTITUTIONAL LAW – FAIR HEARING:- Meaning of – Requirement of in administrative/non-judicial tribunals – Basis and justification of – Breach of where determination of civil rights and obligations of a party are at issue – Section 33(1) of the Constitution of the Federation 1979 – Implication for right of non judicial tribunal to lay down its own procedures and rules for the conduct of enquiries regarding discipline

ADEREMI ADEDAMOLA AJIDAHUN  v MRS. DAPHINE OTERI AJIDAHUN

CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING:– Essence of and fundamental nature – Implication for judicial proceedings where not observed – Default judgment – When default judgment based on the undefended and uncontradicted evidence of plaintiff may deemed not to be in breach of fair hearing

CONSTITUTIONAL LAW AND HUMAN RIGHTS– FAIR HEARING:- Issue of Service of court processes – Whether fundamental to the jurisdiction of the Court – Where there is no proof of no proper service  – Whether renders action as improperly constituted and deprives Court of jurisdiction to entertain action

ADESANYA V. ALUBATA

CONSTITUTIONAL LAW AND CIVIL RIGHTS:- Citizens and defence of the sanctity of the Constitution – Locus standi – Need to interpret provisions relating to same as liberally as would aid justice

CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Access to Court – Locus standi or standing to sue – As an aspect of justiciability – How determined – Effect and cost for party seeking to get his complaint before the High Court before he is allowed to ventilate the issues he wishes to have adjudicated

CONSTITUTIONAL LAW AND CIVIL RIGHTS:- Legislature – Law making and other powers authorised by the Constitution – Whether every member is bound by the majority decisions – Whether judicial powers provided in section 6 of the Constitution extends to jurisdiction to entertain a suit by a legislator challenging decision of the majority during legislative proceedings

ADESHINA v LEMONU

CONSTITUTIONAL LAW: – Appeal of the decision of a court relating to civil proceedings – 53(1) (a) and subsection 3(b) of the Constitution of Western Nigeria – Appeals as of right and appeals as of leave of court – Interlocutory and final decisions of court – Meaning and distinction – Appeal relating to cost imposed by court – Whether final or interlocutory – Whether requires leave of court – Other relevant principles

ADEYEMI V. THE STATE

CONSTITUTIONAL LAW – JUDICIARY:- Jurisdiction of Customary Court of Appeal of a State over judgments of a customary court of Appeal – Section 224(1) of the 1979 Constitution (as amended)  – Whether Court of Appeal is limited to hearing an appeal from the Customary Court of a State in the following two classes of cases: (i) “any question of customary law, (ii) and such other matter as may be prescribed by the Federal Legislature

AGU  V IKEWEBE

CONSTITUTIONAL AND PUBLIC LAW:- Bodies exercising judicial bodies – Distinction between a court of law and an arbitrator/arbitral panel – Power of the High Court of a State which has unlimited jurisdiction under section 236 of the 1979 Constitution to adjudicate on all civil and criminal matters relating to legal rights, obligations, power, duty, interest, privilege or claim as well as penalty, forfeiture, punishment or other liability – Whether it is only such High Courts and other courts of competent jurisdiction that have the power to cause summonses to be issued to compel appearance of parties before them – Whether arbitration bodies have no such powers – Where a party to a dispute has to be summoned before an arbitration body which proceeds to hear the dispute and thereafter pass a judgment in favour of one of the parties as if it were a judicial body – validity of outcome

AHMADU DAN YAMUSA V.  P.O OKOLO

JURISPRUDENCE AND PUBLIC LAW:- Military regime – Origination of the jurisdiction for the Supreme Court to entertain a notice of application for leave to appeal to the Supreme Court – Where a statute makes same subject to the issuance of an authorising  certificate given by the Attorney-General – Effect – Constitution (Amendment) (No. 2) Decree, 1976, section 117 sub-sections (4) and (5) and Federal court of Appeal Decree 1976; Section 31 in review

AJAO V. SONOLA

JURISPRUDENCE:- Application of ‘Received’ Law/Statute of General Application – Where it overreaches the provisions of the local law specifically enacted for the same purpose – How resolved

JURISPRUDENCE:- Competing legal rules – statutes and customary law rules – Where a statute and customary law preclude the operation of another statute – Whether customary law can preclude the operation of statute

AJIA  V. THE NIGERIAN ARMY

CONSTITUTIONAL LAW – FAIR HEARING – Composition or constitution of a court – Duty of party challenging same on grounds of real likelihood of bias to object to composition or constitution

CONSTITUTIONAL LAW – FAIR HEARING:– Magistrate Court drafting charge and trying accused person as provided by law – Whether violates accused’s right to fair hearing

AJIDAHUN  v AJIDAHUN

CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING:– Essence of and fundamental nature – Implication for judicial proceedings where not observed – Default judgment – When default judgment based on the undefended and uncontradicted evidence of plaintiff may deemed not to be in breach of fair hearing

CONSTITUTIONAL LAW AND HUMAN RIGHTS– FAIR HEARING:- Issue of Service of court processes – Whether fundamental to the jurisdiction of the Court – Where there is no proof of no proper service  – Whether renders action as improperly constituted and deprives Court of jurisdiction to entertain action

AJISEFINI V. THE QUEEN

CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life and Fair Hearing – Dispute over paternity of child where no valid marriage exist – Murder arising therefrom – Role of police at enforcing extra-judicial enforcement of claims – Murder arising therefrom

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