POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
NIGERIAN CONSTITUTIONAL LAW CASES/JUDGMENTS – 2
TITLE | MAIN ISSUES |
AKANDE V. ADEDAMOLA | CONSTITUTIONAL LAW:- “Existing Law” – Meaning of – Section 57, Nigeria (Constitution) Orders in Council. |
AKANNI V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS – MOB ACTION/LYNCHING:- Right to life – Limit to Right to Freedom of Assembly and Expression – Lynching and Mob action– Burning of home of village chief as a means of expressing grievance by mob – Murder of aged mother of village Chief who was locked up in a room by mob – Failure of prosecution to prove case –Attitude of court thereto |
AKILU V. FAWEHINMI | CONSTITUTIONAL LAW:- Right of a private prosecutor – Basis of |
AKINBOLADE DELE V. THE STATE | CONSTITUTIONAL LAW – FAIR HEARING – RIGHT TO AN INTERPRETER: Rules guiding the requirement of law that an accused person receive adequate interpretation of trial proceedings conducted in a language he does not understand – How treated |
AKINTEMI AND 2 OTHERS V. PROF. C. A. ONWUMECHILI AND 2 OTHERS | CONSTITUTIONAL LAW:- Section 6 (6) (b) of the 1979 Constitution – Right to access to court – whether does not apply to students of tertiary institutions in relation to award of degrees or disciplinary measures – Relevant considerations JURISPRUDENCE AND PUBLIC LAW:- Justiciability – Where a matter is justiciable in Nigeria but statutory required to follow a domestic conflict resolution process – Whether the domestic nature of the dispute does not, under the 1979 Constitution, oust the jurisdiction of the court even where the process has not been exhausted- Section 6(6)(b) of the 1979 Constitution |
AKINTOLA V. ADEREMI AND ADEGBENRO. | CONSTITUTIONAL LAW:- Constitutional Reference to the Supreme Court under Section 108 Constitution of the Federation – How treated CONSTITUTIONAL LAW:- 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)— Unwritten Convention of English Constitution-Effect on Interpretation of section 33(10). |
AKINYEMI FASUBA V. MRS. F. TAIWO ADUMASI & ANOR. | CONSTITUTIONAL LAW – FAIR HEARING: – Civil proceedings – Party against whom judgment is given – Subsequent claim to set aside judgment on claim that name was not in writ of summons and statement of claims and that he was not served any processes and never appeared in the trial – Attitude of court thereto |
AKOMOLAFE V. GUARDIAN PRESS LTD. (PRINTERS) | CONSTITUTIONAL LAW:- Right to disseminate information – Nature of -Attitude of court thereto. |
AKPAN MBAT UKPE V. THE STATE | CONSTITUTIONAL LAW:– Presumption of innocence guaranteed by section 33(5) 1979 and 36(5) 1999 Constitutions – Relationship with requirement to prove a criminal charge beyond reasonable doubt |
AKPASUBI V. UMWENI | CONSTITUTIONAL LAW:- Section 213 (3) of the Constitution – Access to court and right of appeal – When leave is required to bring an appeal but not obtained– Question of fact – Whether ousts jurisdiction of court |
AKULEGA V. BENUE STATE CIVIL SERVICE COMMISSION | CONSTITUTIONAL LAW:– “Decision” – in section 277(1) of the 1979 Constitution – Meaning of CONSTITUTIONAL LAW:– Benue State Civil Service Rules, rules 36 and 37 – Whether constitutional CONSTITUTIONAL LAW – Constitutional supremacy – Effect of. CONSTITUTIONAL LAW:– Fundamental right to be fairly heard – Whether a person can be deprived of same by any law or rules other than the Constitution |
ALAJEMBA UKE V. ALBERTO IRO | CONSTITUTIONAL LAW:– Customary law rule precluding woman from giving evidence in an action for title to land – Whether constitutional – section 41(1) of 1999 Constitution considered. |
ALAMIEYESEIGHA V. CHIEF SATURDAY TEIWA | CONSTITUTIONAL LAW:– Waiver of Immunity under section 308 of the 1999 Constitution – scope of – Effect of breach |
ALEGBE V. OLOYO | CONSTITUTIONAL LAW:- Scope of Section 103(1) of the Constitution – Roles of the Speaker and the Court – Extent of Section 237 in relation to Section 103(1) of the Constitution – Issue of constitution raised on disputed facts – Impropriety of Originating Summons. |
ALHAJI SHEHU ABDUL GAFAR V. THE GOVERNMENT OF KWARA STATE & OTHERS | CONSTITUTIONAL LAW AND JURISPRUDENCE:- Ouster clauses under military regimes – Meaning – Duty of court thereto |
ALIDU ADAH V. NATIONAL YOUTH SERVICE CORPS | CONSTITUTIONAL LAW – JURISDICTION:- |
ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS (2) | CONSTITUTIONAL LAW:- eligibility as candidate for election – Governor of a State – Section 182 (1) (e) of the 1999 Constitution – interpretation thereof |
ALL PROGRESSIVES CONGRESS V. PEOPLES DEMOCRATIC PARTY & ORS 1 | CONSTITUTIONAL LAW – IMPEACHMENT OF A GOVERNOR:- Limited powers of a court over the impeachment process – Impeachment of Governor as a legislative constitutional affair – Proper role of a Chief Justice in the impeachment process – Effect of a verdict clearing a Governor of allegations made against him pursuant to impeachment – Whether the legislature has the power to re-commence a new impeachment proceedings against Governor on the same matters CONSTITUTIONAL LAW – IMPEACHMENT OF A GOVERNOR:- Impeachment panel – Powers – Whether impeachment panel has powers to find a Governor ‘guilty’ of allegations of gross misconduct – Need for panel not to usurp the powers of competent courts or tribunals CONSTITUTIONAL LAW – APPOINTMENT OF A CHIEF JUDGE: Appointment directly made by a legislative authority – Propriety of – Proper ways of appointing a substantive or an acting Chief Judge – Validity of the act of an improperly appointed Chief Judge relating to impeachment of Governor |
ALLIANCE FOR DEMOCRACY V. FAYOSE | CONSTITUTIONAL LAW:- Immunity against suit conferred by section 308, the 1999 Constitution – Whether applicable in election petition matters – Effect of election petition on immunity conferred therein CONSTITUTIONAL LAW:- Immunity conferred on Governor by section 308, 1999 Constitution – Whether applicable to election petition matter – Whether precludes issuance of subpoena on Governor whose election is challenged |
ALLOYSIUS AKPAJI V. FRANCIS UDEMBA | CONSTITUTIONAL AND PUBLIC LAW – ACCESS TO COURT – IGNORANCE OF LAW:- When ignorance of law can be excused |
AMACHREE V KALLIO | CONSTITUTIONAL AND PUBLIC LAW:- Assertion of rights attaching to communities by virtue of sovereign rights of forebears – Where such sovereign authority had been displaced – Implication for exclusive control over land and waterways and rights to claim tributes – Public policy and public interest basis for same CONSTITUTIONAL AND PUBLIC LAW:- Powers over Nigeria’s tidal and navigable waterways – Whether amenable to historical incidents, ancient kingdoms or rules of customary law – Whether subject only to laws passed by the Government of the Federal Republic of Nigeria –Customary law principle recognising such rights – Whether repugnant to natural justice and equity and thus unenforceable |
AMALA V. STATE | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Section 33(6)(a) of the 1979 Constitution – Essence – Whether entitlement of a person to be informed promptly in the language that he understands and in detail of the nature of the criminal offence with which he is being charged – Whether has nothing to do with the arraignment or plea of an accused person before a trial court which is fully covered by section 215 of the Criminal Procedure Act |
AMINU TANKO V. THE STATE | CONSTITUTIONAL LAW – THE CONSTITUTION: The Constitution as the basis of legitimacy of any laws, rules or enactment in the governance of Nigeria – Legal implication |
AMOO V. ALABI | CONSTITUTIONAL LAW:- Fair hearing – Breach of – Effect on subsequent acts. |
ANYANWU V. THE STATE | CONSTITUTIONAL LAW – FAIR HEARING:- Distinction between breach of Sec 33(7) of the 1979 Constitution and 33(6)(e) of the 1979 constitution (now section 36(6)(e) of the 1999 constitution) – Duty of court to keep record of criminal proceedings which can be accessed by accused person or his agent distinguished from Right to Fair Hearing –Difference between failure to keep record of the use of the provision of an interpreter to an accused person and where it is shown that an interpreter was not provided where it should have been provided as where the accused person does not understand the language in which the proceedings are being conducted – Whether that raises the question whether such an accused ever had a fair hearing – Effect of breach of Sec 33(7) of the 1979 Constitution – Whether such a breach per se, will not necessarily vitiate a trial – Effect of breach of Section 33(6)(a) & (e) – Whether fatal to a criminal trial |
AOKO V. FAGBEMI | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Fundamental Human Rights—Section 21(10) of the Constitution of Federation of Nigeria, 1960 Fair hearing – right not to be convicted for an offence unknown under a written law – Propriety of prosecuting a woman for the offence of adultery in Nigeria |
APAMPA V. THE STATE | CONSTITUTIONAL LAW:- Interpretation of the Constitution and statutes made pursuant thereto – Correct approach – Need not to begin by looking to the meaning or interpretation of a statutory provision or Constitution of other countries with different wording |
APPIAH DANKWA AND OTHERS V. THE KING | PUBLIC LAW AND JURISPRUDENCE:- Offences against the State – Need to distinguish subversive or rebellious design against the central Government from local political dispute of a violent character between two rival political factions carried out by non- professional criminals with bad records – Implication for sentencing |
ARC. AUSTIN ASEMA ACHADO & ANOR V. CHRISTIANA ALAAGA & ORS | CONSTITUTIONAL LAW:- Right to fair hearing – When a party’s right to fair hearing is deemed violated |
ARC. OLUCHUKWU ODEGA V. MR. AUGUSTINE OLLOH | CONSTITUTIONAL LAW – FAIR HEARING:- Section 36 of the 1999 Constitution – Meaning of fair hearing dependent on the entire circumstances of each case – Test of determining whether court observed fair hearing – Dependence of fair hearing on fair trial – Effect of non-compliance thereto |
ARCHIBONG UMO UDO V. CROSS RIVER STATE NEWSPAPER CORPORATION | CONSTITUTIONAL LAW:- Fair hearing and section 33 of the 1979 Constitution which provides for the fair hearing of a case – The two pillars or principles of natural justice contained therein – Likelihood of bias and fair hearing – How determined |
AREMO II (THE ALAKUNGBA OF AKUNGBA)V ADEKANYE AND ORS. | CONSTITUTIONAL LAW:- Constitution – Whether retroactive – Act which could not have been competently challenged before promulgation of 1979 Constitution – Whether party can institute action in respect of after October 1, 1979. |
AREWA PAPER CONVERTERS LTD V. N.D.I.C. (NIG. UNIVERSAL BANK LTD.) | CONSTITUTIONAL LAW:- Jurisdiction of court – Source of – Whether derived exclusively from the Constitution |
ARIORI V. ELEMO | CONSTITUTIONAL LAW:- peedy trial-waiver of constitutional right-whether permissible-section 22, Constitution of Federation 1963. No. 20 |
ARUNA & ANOR. V THE STATE | CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING:- Presumption of innocence – Duty of Prosecution to discharge the burden of proof against the accused person beyond reasonable doubt so as to establish the guilt – Constitutional basis of – Section 33(5) of the Constitution of the Federal Republic of Nigeria 1979 – Effect of prosecution failure thereto |
ASANI KOSEBINU & ORS. V. MISIRI ALIMI & ORS. | CONSTITUTIONAL LAW – BREACH OF RIGHT TO FAIR HEARING:- Effect of breach of the right to fair hearing |
ASANYA V STATE | CONSTITUTIONAL LAW – FAIR HEARING:- Disregard of entire evidence on the grounds of inconsistency – Whether can amount to a denial of fair hearing – Where fact that party had opportunity to make his defence and has had the opportunity and exercised the right to cross-examine witnesses who testified against him – Effect |
ATAKE V. THE ATTORNEY-GENERAL OF THE FEDERATION AND ANOR | CONSTITUTIONAL LAW:- Section 22(10) of the 1963 Constitution – subsection (3) (a) of section 36 and subsection (a) of section 6 of the 1979 Constitution read together with section 6 of the Criminal, Code Act, Chapter 42 of the 1958 edition of the Laws of the Federation of Nigeria – Statutory preservation of the pristine common law right of our courts to punish for contempt in curiae faciae – How treated |
ATIKU ABUBAKAR V. THE A.G FEDERATION | CONSTITUTIONAL LAW:- Office of President and Vice President of Federal Republic of’ Nigeria – Question relating to term of or vacancy therein – Which court has original jurisdiction with respect thereto. CONSTITUTIONAL LAW:- Reference – Constitutional question – When can be said to “arise in the course of proceedings”. CONSTITUTIONAL LAW:- Reference – Interpretation or application of the Constitution – Where arises in any proceeding before a court- Reference of by court to higher court – Principles guiding – Section 295, 1999 Constitution. |
ATTORNEY-GENERAL OF ABIA STATE AND 35 ORS V ATTORNEY-GENERAL OF THE FEDERATION | 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 |
ATTORNEY-GENERAL OF ADAMAWA STATE AND ORS. V ATTORNEY-GENERAL OF THE FEDERATION AND ORS. | CONSTITUTIONAL LAW: – Resource control – Allocation of Revenue (Abolition of Dichotomy in the Application of the Principle of Derivation) Act, 2004 – Implication for boundaries of littoral states – Whether Act offends section 44(3) of 1999 Constitution – Whether cedes Nigeria’s coastline to littoral States CONSTITUTIONAL LAW: – Revenue allocation – Law-making powers of the Federation – Nature and Power of National Assembly with respect thereto |
AUGUSTINE NDULUE V. NWANKWO IBEZIM & ANOR | CONSTITUTIONAL LAW:- Right to Fair Hearing – Section 33 and 31 of the 1979 constitution – Injunctive order made against parties who were not informed or given notice of the suit nor were heard or accorded any opportunity to defend themselves or to be represented at the hearing of the suit – Whether serious violations of the provisions of section 31(1) of the 1979 constitution which enshrine the right of fair hearing |
AUGUSTINE ONYEKACHUKWU V. THE STATE | CONSTITUTIONAL LAW:- Section 36 (3) and (a) of the 1999 Constitution – Conducting a criminal proceeding in Chambers |
AUGUSTUSA NDUKAUBA V. CHIEF SILAS M. KOLOMO | CONSTITUTIONAL LAW:- Fair hearing – Meaning, scope and nature of CONSTITUTIONAL LAW:- Right to fair hearing – Fairness of proceedings – Test for determining same at trial court – Test for determining at the appeal court CONSTITUTIONAL LAW:- Right to fair hearing – Implication of – Nature and scope of – Implications of in relation to plaintiffs case |
AWOBIYI V. IGBALAIYE BROTHERS | CONSTITUTIONAL LAW:- Legislation – Recovery of Premises Act (1958 Laws of the Federation etc. cap. 176), s.8, s.9, s.19(d); Schedule, Forms B and C. |
AWOLOWO V. SHAGARI AND OTHERS | JURISPRUDENCE AND PUBLIC LAW:- Interpretation of any kind of statute should – Duty not to attach to its statutory provision, a meaning which the words of the statute cannot reasonably bear – Where the words used are capable of more than one meaning – Whether the person interpreting the statute can choose between those meanings |
AWUSE V. ODILI | CONSTITUTIONAL LAW:- Hierarchy of laws – Decrees and unsuspended provisions of the Constitution – Relationship between – Superiority – How determined |
B. I. AIKABELI V. AFRICAN PETROLEUM PLC | CONSTITUTIONAL INTERPRETATION – Essence of Section 6(6)(b) of 1979 and 1999 Constitutions of Federal Republic of Nigeria – Whether individuals’ agreement can take away a citizen’s right thereunder. |
BABAYO BAKA SEYO V. HUSSAINI BABA TUMFURE | CONSTITUTIONAL LAW – FAIR HEARING:- Effect of the violation of the principle of fair hearing |
BAGUDU V. THE FEDERAL REPUBLIC OF NIGERIA | CONSTITUTIONAL LAW:- Accused person – Presumption of innocence of CONSTITUTIONAL LAW:- Attorney-General- Functions of- Essence of CONSTITUTIONAL LAW:- Attorney-General of the Federation – Power of to institute criminal proceedings against any person – Ambit of – Whether can be reviewed by courts – Section 174( 1)( a) of 1999 Constitution considered. |
BASHIR ALADE SHITTA-BEY V. THE FEDERAL PUBLIC SERVICE COMMISSION | CONSTITUTIONAL LAW AND CIVIL RIGHTS:- Legal right – Meaning |
BATURE MANYA v. STATE | CONSTITUTIONAL LAW – FAIR HEARING: Failure to serve processes on a party – Failure to arraign a crime suspect in a proper court with legal jurisdiction to hear the specific charge – Whether a breach of the right to fair hearing |
BEKS KIMSE NIGERIA LIMITED V. MR. EBIOTU AFRICA & ANOR | CONSTITUTIONAL LAW -JUDGMENT AND ORDER:- Delivery of judgment – Constitutional duty to deliver court decision in writing not later than 30 days after conclusion of evidence and final addresses – Constitutional duty to furnish all parties to the cause or matter determined with duly authenticated copies of decision within seven days of the delivery thereof – Whether there are exceptions thereto |
BELLINGER (FC) V. BELLINGER | JURISPRUDENCE, POLICY AND HUMAN RIGHTS:- Sex change and human rights – Whether to be based on some objective, publicly available criteria by which gender reassignment is to be assessed or subjective/psychological ones – Marriage and its legal consequences in many directions: housing and residential security of tenure, social security benefits, citizenship and immigration, taxation, pensions, inheritance, life insurance policies, criminal law (bigamy), education, child care, occupational qualifications, criminal law (gender-specific offences), prison regulations, sport, the needs of decency, and birth certificates – Implications for law reform |
BELLO MUSA MAGAJI V. ALHAJI ISHOLA ARE OGELE | CONSTITUTIONAL LAW:- Whether cross-examination of witness of an adverse party is an inviolable constitutional right of a party to fair hearing |
BENJAMINE DAMINABO IWO & ORS V. HUBERT OCKIYA & ORS | CONSTITUTIONAL LAW – EFFECT OF AN AMENDMENT TO THE CONSTITUTION: Whether Section 258 of the 1979 Constitution by the Constitution [Suspension and Modification] (Amendment) Decree, 1985 as contained in Section 294 (5) and (6) of the 1999 Constitution has a retrospective or prospective effect |
BENNETH UDE AGU V. MAXWELL NNADI | CONSTITUTIONAL LAW – JUDGMENT AND ORDER:– Failure to resolve a vital issue – Effect of same on judgment. |
BENSON V. ONITIRI | CONSTITUTIONAL LAW:- Section 10(1) Nigeria (Constitution) Order in Council, 1954 – Who is a holder of public office |
BILL CONSTRUCTION CO. LTD. V. IMANI & SONS LTD SHELL TRUSTEES LTD (A JOINT VENTURE) | CONSTITUTIONAL LAW:- Right to fair hearing – What it entails – Scope and application of – Section 33(1), 1979 Constitution – Test of Fair trial/hearing – Party who failed to avail himself a hearing – Whether can complain of denial of fair hearing CONSTITUTIONAL AND PUBLIC LAW – FAIR HEARING:- Right to fair hearing – Party who failed to avail himself a hearing – Whether can complain of denial of fair hearing |
BISI DAWODU AND ORS. V. THE NATIONAL POPULATION COMMISSION | CONSTITUTIONAL LAW- FUNDAMENTAL HUMAN RIGHTS:– Right to fair hearing – Scope of section 33(1) Constitution of the Federal Republic of Nigeria, 1979 |
BOARD OF CUSTOMS AND EXCISE V. BARAU | CONSTITUTIONAL LAW: Constitutionality of the Customs and Excise Management Act as existing law under the Constitution of the Federal Republic of Nigeria 1979, section 168 thereof – Imposition of burden to prove certain particular facts on defendants – Whether unconstitutional as being inconsistent with section 33(5) of the Constitution |
BOARDMAN V. SOKOTO NATIVE AUTHORITY | CONSTITUTIONAL LAW:- 1963 Constitution of the Federation, s.117 (4) (c) with subsection (7). |
BOLA TINUBU V. I.M.B. SECURITIES PLC. | CONSTITUTIONAL LAW:– Section 308, 1999 Constitution – Immunity – Scope and meaning of |
BOLIVINTER OIL SA V. CHASE MANHATTAN BANK AND OTHERS | CONSTITUTIONAL LAW:- Election – Election into House of Assembly – Qualification therefor – Section 106 of the Constitution of the Federal Republic of Nigeria, 1990. |
BONSOR V. MUSICIANS’ UNION | CONSTITUTIONAL LAW AND JURISPRUDENCE – POWERS OF THE LEGISLATURE:- Power to create new legal statuses and personalities – even one not previously known to the law – Duty of court to respect such intention of the legislature where clear – Whether such intention can be inferred from indirect vesting of powers or from the whole circumstances of applicable statute |
BRIG. GEN. MOHAMMED BUBA MARWA & ORS. V. ADMIRAL MURTALA NYAKO & ORS | CONSTITUTIONAL LAW:- Supremacy of the Constitution of the Federal Republic of Nigeria 1999 – Whether the 1st Respondent as Governor of Adamawa State is covered by the effect of the amendment of Section 180(2) of the Constitution by the introduction of Subsection 180(2A) – Whether the Constitution was made to have retrospective effect – Whether time fixed by the constitution for the doing of anything can be extended |
BRIGADIER GENERAL JAMES OMEBIJE ABDULLAHI V. THE NIGERIAN ARMY & ORS. | CONSTITUTIONAL LAW – BREACH OF FAIR HEARING:- Principle of- on whom lies the burden of proof |
BRIGGS V. BOB-MANUEL | CONSTITUTIONAL LAW:- Constitution of Federal Republic of Nigeria 1979- Rivers State Chieftaincy Edict 1978- Whether the 1979 Constitution rendered the Rivers State Chieftaincy Edict 1978 void. CONSTITUTIONAL LAW:- Section 236 of the 1979 Constitution of Federal Republic of Nigeria- State High Courts -Jurisdiction of State High Courts under Section 236 of the 1979 Constitution. |
BROLLO NIGERIA LIMITED V. WILSON CHUKWUEMEKA NKWOCHA | |
BRONIK MOTORS LTD. V. WEMA BANK LTD. | CONSTITUTIONAL LAW AND JURISPRUDENCE:- Judicial Powers and jurisdiction of Courts -Scope of Section 6 of the 1979 Constitution jurisdiction of the Federal High Court and the State High Court under the Constitution -Meaning of the expression ‘as maybe prescribed by the National Assembly’ in Section 230 of the Constitution – Determination of Fundamental Rights – Concurrent Jurisdiction of State High Court and the Federal High Court – Principles of Interpretation of the Constitution – Section 7(I)(b)(iii) of the Federal High Court Act 1973 considered CONSTITUTIONAL LAW AND JURISPRUDENCE:- Interpretation of statutes – Punctuations – Commas and semi-colons – Whether punctuations really not quite relevant in the construction of statutes |
BUHARI V. OBASANJO | CONSTITUTIONAL LAW:- “Office” in section 318 of 1999 Constitution – Meaning of CONSTITUTIONAL LAW:- Judicial powers of court – Ambit of – When may extend to issue relating to Fundamental Objectives and Directive Principles of State Policy – Section 6(6)(b)(c), 1999 Constitution CONSTITUTIONAL LAW:- Presidential election – Candidate therefor- Conditions for disqualification of – Section 137(1)(b) of the 1999 Constitution – Condition that Presidential candidate must not have been elected into such office in any two previous elections – Whether such “election” includes appointment as Head of Military Government under the Constitution (Basic Provisions) Decree No. 32 of 1975. |
BUKAR MODU AJI V. CHAD BASIN DEVELOPMENT AUTHORITY & ANOR | CONSTITUTIONAL LAW – FAIR HEARING:- Elements – Whether the issue of fair hearing can be in vacuum |
BUKAR V. QUEEN | CONSTITUTIONAL LAW: Existing Laws – Effect of existing Laws provision of the Nigeria (Constitution) Order in Council, 1960 sections 3(1), 3(7) – Whether repealed Law still existing law under the Constitution. |
C.G.G V OGU | CONSTITUTIONAL LAW AND HUMAN RIGHTS: – Suits brought under Fundamental Rights (Enforcement Procedure) Rules, 1979 – When proper – When defective going to the root of the competency of the suit – Whether procedure can be invoked against juristic persons as well as private persons |
CADBURY NIGERIA PLC V. R. BENKAY NIGERIA LIMITED | CONSTITUTIONAL LAW:- Section 241 (2) (a) and (b) of the 1999 Constitution – When appeal shall lie as of right to the Court of Appeal from a decision of the High Court – When leave is required |
CAPITAL BANCORP LIMITED V. SHELTER SAVINGS AND LOANS LIMITED AND ANOTHER | CONSTITUTIONAL LAW:- Constitution of the Federal Republic of Nigeria – Supremacy of |
CHIEF EVANS IHESI V. BARRISTER KENNETH ARINZE & ANOR. | CONSTITUTIONAL LAW AND HUMAN RIGHTS: Enforcement procedure |
CHIEF LAYIWOLA OLUMEGBON V. HFP ENGINEERING NIGERIA LIMITED & ORS | CONSTITUTIONAL LAW – FAIR HEARING:- Consent Judgment – When it is deemed to have infringed upon a parties right to fair hearing – Relevant considerations |
CHIEF SANNI ILEKUN V. THE MILITARY ADMINISTRATOR OF OGUN STATE | CONSTITUTIONAL LAW:– Right of action in a court of law as provided by Section 6(6) b and Section 361(1) of 1999 Constitution – Fundamental nature of CONSTITUTIONAL LAW:– Right of appeal conferred by Section 213 of 1979 Constitution – How exercised – Types |
CHIEF SIR VICTOR UMEH V. ICHIE OKULI JUDE EJIKE | CONSTITUTIONAL LAW – ELECTION MATTERS:- Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 – Rule that court has no jurisdiction over internal affairs of political parties and constitutional powers of court to determine matters as to interpretation of documents, constitutions, statutes and law apropos the rights of the individuals governed by those documents, constitution or statutes – Whether court has power over such interpretative exercises pertaining to political party – Whether a function which a political party cannot appropriate under the guise of domestic affair of the party or by giving it a label of political question |
CHRISTOPHER OKEKE V. SECURITIES AND EXCHANGE COMMMISSION & ORS | CONSTITUTIONAL LAW:- Supremacy of the Constitution – Section 1(3) of the Constitution – Whether constitutional provisions prevail over any other law that is inconsistent with its provisions- Breach of constitutional provisions as to fair hearing rights – Effect CONSTITUTIONAL LAW:- Judicial powers of the Federation – Section 6 (6) of the 1999 Constitution – Power to adjudicate over causes involving the determination of legal rights of persons, such as criminal allegations levied against a person – – When such judicial power falls within the ambit of the exclusive jurisdictional competence of the Federal High Court. See Section 251 (1) (e) of the 1999 Constitution – Whether can be taken away by an Act of the National Assembly and conferred on another body |
CHUKWUDI OKASIA V. EJIKE OGUEBEGO & ORS | CONSTITUTIONAL LAW:- Federal High Court – Section 251(1) of the Constitution of Nigeria – jurisdiction of the Federal High Court |
CHUKWUDI OYEM V. FEDERAL REPUBLIC OF NIGERIA | CONSTITUTIONAL LAW:- Section 36 – Offence under a written law – Person charged under a law of a defunct State – Where offence falls under the existing law of emergent State – Whether satisfies the requirements of the provision |
CHUKWUMA OGWE & ANOR V. INSPECTOR GENERAL OF POLICE & ORS | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING:- Issues raised suo motu by the Court – Need to give parties opportunities to address court on same – Where court fails to accord parties fair hearing regarding matter suo motu- effect thereof |
CUSTOMARY COURT OF APPEAL EDO STATE V. CHIEF (ENGR.) E. A. AGUELE & ORS. | CONSTITUTIONAL LAW: – Interpretation of Sections 282 and 245(1) of the 1999 Constitution as it relates to appeal from the Customary Court of Appeal to the Court of Appeal – Appellate jurisdiction of the Customary Court of Appeal over customary courts – Whether restricted only to matters of customary law principles and rules – Remedy for parties whose appeals cannot be entertained by the Customary Court of Appeal |
DADA OGUNREMI AND ORS V. SHITTU OGUNREMI AND ORS | CONSTITUTIONAL LAW:- Stay of execution – Regional law vesting jurisdiction in High Court – No express prohibition of exercise of power by Federal Constitution – Effect |
DALHATU V. TURAKI | CONSTITUTIONAL LAW:– Section 257 of the 1999 Constitution – Extent of jurisdiction conferred on the High Court of the Federal Capital Territory |
DAMG PAM V. SALE DANG GWOM | CONSTITUTIONAL LAW:– jurisdiction of Customary Court of Appeal – Section 247(1) of 1979 Constitution |
DANGIDA V. MOBIL PRODUCING NIG. UNLTD. | CONSTITUTIONAL LAW:– Section 230(1)(c) of the 1979 Constitution as amended by Decree 107 of 1993 – Claim by a custom officer for injuries sustained in the course of his employment – Whether the Federal High Court has exclusive jurisdiction over such claim. |
DAUGHTERS OF DIVINE LOVE CONGREGATION & ORS V. EKENE UGWU & ORS | CONSTITUTIONAL AND PUBLIC LAW:- Locus standi – Meaning of – What the court considers in the determination of the locus standi of a party CONSTITUTIONAL AND PUBLIC LAW:- Section 243(a) of the Constitution of the Federal Republic of Nigeria, 1999 – Right of a person interested in the outcome of a proceeding on which judgment had been given to seek leave to appeal or be joined personally in a pending appeal – Conditions precedent for the grant |
DAVID IBIDOKUN V. OGUNMOLA ADARALODE | CONSTITUTIONAL LAW:– Supremacy of the constitution |
JUDGMENTS CONNECTED WITH NIGERIA – BY YEARS
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES