NIGERIAN CONSTITUTIONAL LAW CASES/JUDGMENTS – 3

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

FIND JUDGMENTS BY:

NIGERIAN CONSTITUTIONAL LAW CASES/JUDGMENTS – 3

TITLE	MAIN ISSUES
DAVID ITAUMA V. FRIDAY JACKSON AKPE-IME	PUBLIC LAW AND JURISPRUDENCE – ILLITERATES PROTECTION LAW – Document purported to be signed by illiterate- Section 3 of the Illiterates Protection Law Cap. 56, Laws of the Cross Rivers State, 1981 – purport of – how construed.
DEBO KAMAR AKANBI V. RAFIU ADEJARE BELLO & ORS.	CONSTITUTIONAL LAW – FAIR HEARING:- Effect of infringement
DEDUWA V. THE STATE	CONSTITUTIONAL LAW – CRIMINAL LIABILITY:- Constitutional basis of – Section 22(5), 1979 Constitution – Need for every person who is charged with a criminal offence to be informed promptly, in language that he understands and in detail, of the nature of the offence, given adequate time/facilities to prepare his defence – Rule that no person shall be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law – Implication for summary trials/contempt proceedings
DESMOND AICHENABOR V. THE STATE	CONSTITUTIONAL LAW – FAIR HEARING:- The constitution of the Federal Republic of Nigeria (as amended) in Section 36(5) – Rebuttal presumption of innocence in favour of any person charged with a criminal offence – How discharged – Where inadmissible evidence is admitted against an accused person – A Police Identification Parade which did not follow due process – Whether breach of fair hearing rule
DIAMOND BANK LIMITED V. GENERAL SECURITIES AND FINANCE COMPANY LTD	CONSTITUTIONAL LAW – FAIR HEARING: Rule that a man deserves to be confronted with his crime before he is condemned – Provisions of Section 36 of the 1999 Constitution – Requirement that an accused is entitled to be notified, heard after due preparation and be a part of the process of proving the said allegation – Effect of failure thereto
DIEPREYE SOLOMON PETER ALAMIEYESEIGHA V. THE CROWN PROSECUTION SERVICE	CONSTITUTIONAL LAW: – Provisions of the Nigerian Constitution and Nigerian Constitutional Law experts – Relevance in foreign municipal courts in the determination of public international law issues pertaining to Nigerian as a federation and member of the comity of nations
DIXON GOKPA V. INSPECTOR-GENERAL OF POLICE	CONSTITUTIONAL LAW:— Fundamental Rights — Right to a Fair Trial — Denial of Representation by Counsel in a Criminal Matter — When such amounts to Denial of Right to Fair Trial.
DR OBO V. COMMISSIONER FOR EDUCATION BENDEL STATE	CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING:– Constitutional relief of fair hearing – Whether can be countenanced by a Court when raised by an employee who in disobedience to the directives of his employer is found to commit a misconduct
DR. DARU & ORS V. BARRISTER IBRAHIM AMINU UMAR	CONSTITUTIONAL LAW – JURISDICTION:- Public health facility belonging to federal government – Whether a State High Court has jurisdiction to entertain suit arising from negligent conduct of its officers notwithstanding the provisions of section 251 (1) (p) and (r) of the Constitution of the Federal Republic of Nigeria 1999 which confers exclusive jurisdiction on the Federal High Court in respect of matters involving the Federal Government and its agencies – Relevant considerations
DR. UMAR ARDO & ANOR V. ADMIRAL MURTALA NYAKO & ORS	PUBLIC LAW AND JURISPRUDENCE – INTERPRETATION OF STATUTE – CANON OF INTERPRETATION:- Principles that should guide a judge in the interpretation or construction of constitutional provisions – Need to give clear and unambiguous words their ordinary, natural, simple and literal interpretation – Whether it is only where there is doubt or ambiguity, that recourse is made to other canons of interpretation CONSTITUTIONAL AND PUBLIC LAW – FEDERAL HIGH COURT:- Definition of the term ‘notwithstanding’ in section 251 of the Constitution of Nigeria, 1999 in relation with the jurisdiction of the Federal High Court – When the term ‘notwithstanding’ is used in a section of a statute – Whether it is meant to exclude an impinging or impeding effect of any other provision of the statute or other subordinate legislation so that the said section may fulfill itself – Whether implies that no provision of the Constitution is capable of undermining section 251(1) of the Constitution CONSTITUTIONAL AND PUBLIC LAW:- Electoral Act as a subsidiary legislation to the Constitution of the Federal Republic of Nigeria – Rule that Courts generally should adopt a purposive approach tending towards a broad or liberal interpretation of the provisions of the Constitution except where there is indication in the text that a narrower interpretation will best fulfill the objects and purposes of the Constitution – Six principles that should guide a judge in the interpretation or construction of constitutional provisions – Whether principles of construction applicable to the Constitution is of a unique nature from those generally applied to other sui generis statutes like the Electoral Act
DUKE V. DUKE	CONSTITUTIONAL LAW:- Legitimacy of children and the Constitution
EGBUCHU V. CONTINENTAL MERCHANT BANK PLC & ORS – 2	CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Meaning – Statutory provision as regards right to fair hearing – Validity of proceedings conducted without fair hearing – Effect of breach of right to fair hearing in a proceeding CONSTITUTIONAL LAW – SUPREMACY OF THE CONSTITUTION: Whether the constitution of the country is the supreme law
EJEKA V. THE STATE	CONSTITUTIONAL LW – FAIR HEARING:- Error of Court – Attributing the issues formulated by the respondent to the appellant – Whether amount to violation of the appellant’s constitutional right to fair hearing – Whether party whose case as presented is not adequately considered can complain that he was denied fair hearing – Need for a party who alleges that he was denied fair hearing to prove specific act or acts of such denial and not a mere agglomeration of conducts which are merely cosmetic and vain – Relevant considerations
EKPO V. THE STATE	JURISPRUDENCE AND PUBLIC LAW:- Lacuna in the law – Where it leads to excessive sentencing especially of first time offenders or young people – Attitude of court thereto – Use of prerogative of mercy in such situations JURISPRUDENCE AND PUBLIC LAW:- Justice administration – Criminal proceedings and sentencing policy of court – Principle of reformation of criminals and salvaging of young people from the direction of crime to the path of rectitude – Need to be court’s paramount preoccupation. CONSTITUTIONAL LAW:- Prerogative of mercy – President’s power to interfere with sentencing of a convicted criminal – Qualifying cases – First time offenders/young persons given harsh/maximum sentences
ELABANJO V. ALHAJA A. O TIJANI	JURISPRUDENCE AND PUBLIC LAW:- Role of witnesses in realizing the objective of any trial – Whether judges and counsels formally involved in a case can are competent witnesses – When justifiable – Section 154(1) of the Evidence Act Cap 62 of 1958 JURISPRUDENCE AND PUBLIC LAW:- Illiterate Protection legislations – Objective of obligating the courts of this country to protect illiterate against avarice, caprice and sharp-practice – 1915 Illiterates Protection Act Cap 83 Vol. III Laws of the Federation of Nigeria, 1958 – Need for the courts to ensure that no illiterate takes umbrage under his illiteracy and work injustice against others
ELDER ESEME AKPAN V. EKANABASI ASIBONG UBONG	CONSTITUTIONAL LAW – FAIR HEARING – AUDI ALTERAM PARTEM RULE:- Rule of audi alteram partem – Duty of court to hear both sides at every material stage of the proceedings before handing down a decision – Where any of the parties is refused or denied a hearing or is not given an opportunity of being heard – How treated CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING:- Meaning under Section 36 (1) of the 1999 Constitution (as altered) – Trial conducted according to all the legal rules formulated to ensure that justice is done to the parties – Requirement of the observance of the twin pillars of natural justice, namely audi alter am per term and nemo judex in causa sua – Key attributes – Need for a court to hear both parties not only in the case but also on all material issues in the case before reaching a decision which may be prejudicial to a party – Duty of a court to give equal treatment, opportunity and consideration to all the parties in a case – Requirement that the proceedings be conducted in public and all parties be notified or informed of and have access to such public place – Requirement that having regard to all the peculiar circumstances, justice must not only be done but must manifestly and undoubtedly be seen to have done
ELIZABETH ETIM ENEYO V. ADIM EFFIOM NSA & ANOR	CONSTITUTIONAL LAW – FAIR HEARING: – Duty of a court not to breach the fundamental rule of audi alteram partem – Effect of an order of court made in its breach – Whether void and a nullity – Whether that court at the instance of a person affected by the order itself had a power to set it aside, ex debito justiciae
EMEKA NWANA V. FEDERAL CAPITAL DEVELOPMENT AUTHORITY	JURISPRUDENCE AND PUBLIC LAW – COURT – STARE DECISIS:- Judicial precedent – What constitutes – Binding force of obiter dictum of the Supreme Court – How accrues – Concurring judgment vis-à-vis Lead judgment of a court – Whether concurring judgment is obiter dictum or ratio–decidendi JURISPRUDENCE AND PUBLIC LAW – COURT – STARE DECISIS:- Concurring judgment – Where it deals with issue neglected in lead judgment – Propriety – Whether makes it dissenting judgment or obiter dictum – Whether such treatment is deemed ratio decidendi of the court along with lead judgment – Effect
EMEKA OFFOR & ANOR V. COMMISSIONER OF POLICE RIVERS STATE POLICE COMMAND	CONSTITUTIONAL LAW – FAIR HEARING:- Meaning – Constitutional foundation for the right of any accused person charged with criminal offence under any Act or law to enjoy fair-hearing during the trial – Sections 36(4) of the 1999 Constitution – Whether the provision in section 36 (4) is mandatory in all criminal trials – Entitlement to fair hearing in public, unless the charge is withdrawn, within a reasonable time by Right to examine, in person or by his counsel, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution
EMMA AMANCHUKWU V. THE FEDERAL REPUBLIC OF NIGERIA	CONSTITUTIONAL LAW – FAIR HEARING:- The yardstick for determining fair hearing
EMMANUEL ATUNGWU & ANOR V. ADA OCHEKWU	CONSTITUTIONAL LAW:- Where trial court delivered its Judgment outside the 90 days contrary to Section 294(1) of the Constitution of the Federal Republic of Nigeria, 1999 – Effect of Section 294 (5) of the 1999 Constitution – Whether it has to be established that the delay occasioned a miscarriage of justice in that the trial Judge did not take a proper advantage of having seen or heard the witnesses testify or that he had lost his impressions of the trial due to such inordinate delay before the judgment will be vitiated
EMMANUEL EGWUMI V. THE STATE	CONSTITUTIONAL LAW:- Criminal proceedings – Presumption of innocence – Innocence of the accused until proved otherwise – Implication for the burden of proof on prosecution
EMMANUEL IBEZIAKO V. COMMISSIONER OF POLICE	CONSTITUTION LAW – LEGISLATION:—Constitution of the Federation 1960, s.21 (4); Criminal Procedure Ordinance cap. 43, s. 162, s. 163, s. 304 (2), and s. 332; Northern Nigeria: Criminal Procedure Code 1960. s. 160 (1).
EMMANUEL OFULUE V. FEDERAL GOVERNMENT OF NIGERIA	CONSTITUTIONAL LAW – Fair hearing – Person charged with criminal offence – Presumption of innocence of until proved guilty – Section 36(5), 1999 Constitution – Application of. CONSTITUTIONAL LAW:-Right to personal liberty- Constitutional guarantee of – Section 35(1)(a) and (c), 1999 Constitution.
EMMANUEL T. AYENI and ORS V. WILLIAM ABIODUN SOWEMIMO	CONSTITUTIONAL LAW:- Section 222 (a) of the 1979 Constitution of Nigeria – Representative action – Protection of interest of a person affected by judgment – Right to appeal such judgment even when not joined as a party to the suit
EMMANUEL V. UMANA & ORS	CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Effect of breach of right to fair hearing
ENEKWE V. INTERNATIONAL MERCHANT BANK OF NIGERIA LTD	CONSTITUTIONAL LAW:- Injunctions – Ex-parte order of injunction – Where unconstitutional – Nature of – Principles governing grant of
ENGINEER NURA KHALIL V. ALHAJI UMARU MUSA YAR’ ADUA (PRESIDENT) AND ORS	CONSTITUTIONAL LAW:- Right of appeal – Appeal from decision of the National Assembly/Governorship and Legislative Houses Election Tribunal to the Court of Appeal – When lies as of right – Section 246(1)(b)(ii), 1999 Constitution – How exercised.
ERIYAMREMU V. THE QUEEN	CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life – Children – Religious freedom – Whether extends to human sacrifice including the killing of family members for ritual purposes – Attitude of court thereto
EZEA V. QUEEN	CONSTITUTIONAL LAW:- Fundamental rights – Alleged breach of fundamental rights – Need for particulars of breach to be stated – Right to counsel of one’s own choice – S.21(5)(c), 1960 Constitution – Aim of – When breached
EZEDIUFU V. THE STATE	CONSTITUTIONAL LAW:- Criminal proceedings and fair hearing – Arraignment of an accused person – Need for same to comply Section 33 (6)(a) of the 1979 Constitution (now section 36(6) of the 1999 Constitution of the Federation)
FAHM V. CHAIRMAN, L.E.D.B.	CONSTITUTINAL LAW AND HUMAN RIGHTS:- Slavery and customary law – Rights of persons designated as slaves under customary law over property/household that had been theirs to enjoy as part of overlord’s family going down several generations – Whether entitled to compensation on the compulsory acquisition of property given to them for their use over several generations by government
FAJINMI V. SPEAKER, WESTERN HOUSE OF ASSEMBLY	CONSTITUTIONAL LAW:- Constitutional provision conferring jurisdiction on Court and empowering legislature to make procedural legislation – Absence of legislation – Effect on jurisdiction thereof.
FASAKIN FOODS LTD. V. SHOSANYA	CONSTITUTIONAL LAW:– National Assembly – Whether has legislative authority or power to make laws for the High Court of a State. CONSTITUTIONAL LAW:-Constitution- Supremacy of – Power of Court to declare invalid any law that is inconsistent with the Constitution
FATAI BUSARI V. THE STATE	CONSTITUTIONAL LAW – FAIR HEARING AND PRESUMPTION OF INNOCENCE:- Duty of appellate Court to treat every case independently even if it is on all fours with the facts of a previous one – Duty of Counsel to meaningfully connect principles of fair hearing alleged to have been breached with the particulars of his claims
FAWEHINMI V. AKILU (CA)	CONSTITUTIONAL LAW:- Source and powers of Courts
FAWEHINMI V. BABANGIDA	CONSTITUTIONAL LAW:– Legislative powers – a general law for the establishment of Tribunals of Inquiry for the Federation of Nigeria – Whether the National Assembly is competent to enact same – Whether the states House of Assembly has residual power to enact such a law with respect to the states. CONSTITUTIONAL LAW:– Legislative powers – Legislation over the constitution of Tribunals of Inquiry for Federal Capital Territory Abuja – Whether the National Assembly is competent to enact same under sections 4(4)(b) and 299 of the 1999 Constitution. CONSTITUTIONAL LAW:– Tribunals of Inquiry Act 1966, sections 5(d), 11(1)(b), 11(4) and 12(2) thereof – Whether contravenes sections 35(1)(a) and 36(1) of the 1999 Constitution and thereby rendered invalid – Sections 5(c), 10 and 11(3) of the Act – whether constitutional
FEDERAL GOVERNMENT OF NIGERIA V. ADAMS OSHIOMHOLE	CONSTITUTIONAL LAW:- Constitutional provisions – Whether parties can waive same by consent or collusion
FEDERAL GOVERNMENT OF NIGERIA & ORS. V. ZEBRA ENERGY LIMITED	CONSTITUTIONAL LAW – FAIR HEARING:- Essence and fundamental nature of in an adversary system of administration of justice – Where a court decides a case on the evidence of one of the parties alone while ignoring the evidence for the other side – Duty of court thereto
FEDERAL POLYTECHNIC BAUCHI & ANOR V. ABDULFATTAH ABOABA & ANOR	CONSTITUTIONAL LAW:- Courts with jurisdiction to hear and determine allegations of the contravention of Fundamental Rights – Whether restricted to those spelt out under Section 46(1) and (2) of the Constitution – Whether State High Courts and Federal High Courts are conferred with concurrent jurisdiction to adjudicate upon matters of the enforcement of fundamental rights of the citizens of Nigeria CONSTITUTIONAL AND PUBLIC LAW:- Enforcement of fundamental human rights and freedom of applicants as enshrined in Chapter IV of the Constitution – Right to fair hearing, pursuant to Order II of the Fundamental Rights (Enforcement procedure) Rules, 1979 [now Fundamental Rights (Enforcement procedure) Rights, 2009 as guaranteed by Section 36 of the Constitution] – Objectives – Rules made pursuant thereto to aid speedy consideration and determination of allegations of the infractions of the enshrined and guaranteed rights of citizens – Duty of court to ensure exercise of the rights ought not to be unduly fettered, derogated from nor frustrated – Relevant considerations
FEDERAL REPUBLIC OF NIGERIA V. ANACHE	CONSTITUTIONAL LAW:- Corrupt Practices and Other Related Offences Act, 2000 – Powers of National Assembly to enact law on Corrupt Practices and abuse of power – Where derived. CONSTITUTIONAL LAW:- Fundamental Objectives and Directive – Principles of State Policy in Chapter II 1999 Constitution – Justiciability of
FEDERAL REPUBLIC OF NIGERIA V. IFEGWU	CONSTITUTIONAL LAW:- Section 295(2) of the 1999 Constitution – Case reference – Conditions that must exist before making same under Section 295(2) of the 1999 Constitution CONSTITUTIONAL LAW:-Section 295(2) of 1999 Constitution – Scope of. CONSTITUTIONAL LAW:- Section 33 (8) of the 1997 Constitution – Non-retractiveness of Criminal Statute
FEDERAL REPUBLIC OF NIGERIA V. JOE BROWN AKUBUEZE	CONSTITUTIONAL LAW – FAIR HEARING- What it entails- Breach of – How determined – Relevant considerations – Effect of breach- Rule of audi alteram partem – What it postulates
FEDERAL REPUBLIC OF NIGERIA V. MAGAJI IBRAHIM & ANOR	CONSTITUTIONAL LAW AND JURISPRUDENCE – FAIR HEARING – PRESUMPTION OF INNOCENCE:- Nigerian criminal justice system – Principle that the accused is always presumed innocent until proved guilty – Constitutional foundation – Section 36(5) of the 1999 Constitution (as amended) – Effect
FEDERAL REPUBLIC OF NIGERIA V. SENATOR OLAWOLE JULIUS ADEWUNMI	CONSTITUTIONAL LAW:- Sections 174 and 211 of the 1999 Constitution – Power to institute and discontinue criminal prosecution – Attorneys-General and their law officers – Where there is no incumbent Attorney-General – Whether invalidates criminal proceeding instituted by an officer of the department – Implication for prosecution by private legal practitioner – Whether relevant if the subject matter was discontinuance of criminal prosecution and not initiation thereof CONSTITUTIONAL LAW:- Section 191 of the 1979 Constitution, now Section 174 of the 1999 Constitution – Whether Attorney-General and his staff can commence and make themselves responsible for a criminal prosecution as well as brief private Practitioners to appear on behalf of the Attorney-General either alone or together with a member of the Attorney-General’s staff CONSTITUTIONAL LAW:- Persons with right to practice in the Federal High Court – Persons admitted as legal practitioners to practice in Nigeria – Law Officers – State Counsel – Any legal practitioner duly authorized in that behalf by or on behalf of the Attorney-General of the Federation – Police Officers – Any other authority or persons Whether non-legal practitioners are allowed to practice in the court at all
FEDERAL REPUBLIC OF NIGERIA V. VIJAY LALWANI	CONSTITUTIONAL LAW:- Section 6 (6) (b) of the 1999 Constitution of Federal Republic of Nigeria (as amended) – Whether did not preclude the concurrence of a civil suit and a criminal one over the same matter
FELIX ANYAKORA & ORS. V. NWAFOR OBIAKOR & ORS.	CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING:- Effect of breach of right to fair hearing
FIICHARLES ORGAN & ORS V. NIGERIA LIQUEFIED NATURAL GAS LIMITED & ANOR	CONSTITUTIONAL LAW- RIGHTS OF APPEAL:- Appeal from the final decision of high court sitting at first instance, by virtue of Section 241 (a) of the 1999 Constitution – Whether lies as of right to the Court of Appeal – Where the ground of appeal involves questions of law alone – Section 241 (b) of the Constitution – When appeals from the decision of the trial High Court shall be by leave of either the trial or appellate court
FOLUJE V. FEDERAL MORTGAGE BANK OF NIGERIA	CONSTITUTIONAL LAW – Decrees promulgated by the Federal Military Government – whether takes precedence over unsuspended provisions of the Constitution under a military setting – applicable principles. CONSTITUTIONAL LAW:– Election petitions – the relevant law applicable by virtue of the National Assembly (Basic Constitutional and Transitional Provisions) Decree No. 18 of 1992
FRANCIS ADESEGUN KATTO V. CENTRAL BANK OF NIGERIA	CONSTITUTIONAL LAW – FAIR HEARING:- Issue raised by court suo motu – Duty to invite parties to address court on same – Where issues relates to jurisdiction of court – Whether a breach of a party’s fundamental right to fair hearing to have the court pronounced upon the issue without hearing
FRANCIS C. ARINZE V. FIRST BANK OF NIGERIA LTD.	CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Fair hearing – Dismissal of employee – Where dismissal based on misconduct bordering on criminality – Need for employee to be accorded fair hearing – Nature of fair hearing required CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to fair hearing – Misconduct of employee – Where borders on criminality- Whether compulsory to prosecute employee in court before dismissal.
FRANCIS EZEDIUFU V THE STATE	CONSTITUTIONAL LAW:- Criminal proceedings and fair hearing – Arraignment of an accused person – Need for same to comply Section 33 (6)(a) of the 1979 Constitution (now section 36(6) of the 1999 Constitution of the Federation)
FRITZ WILLIAMS V. THE ATTORNEY GENERAL OF NIGERIA	HUMAN RIGHTS AND CONSTITUTIONAL LAW:- Petitions of Right–Confiscation by Nigerian Government of suppliant’s property while he was in prison – Tortious seizure of goods alleged – Whether can lie against State How treated
GANIYU OSUOLAIDE V THE STATE	CONSTITUTIONAL LAW – FAIR HEARING:- Right to legal representation of a person accused of a criminal offence – Constitutional basis – Whether extends to the right of the legal practitioner to examine the witnesses called by the prosecution – Effect of failure thereto
GBADAMOSI V STATE (CA)	CONSTITUTIONAL LAW – FAIR HEARING:- 33(9) of the 1979 Constitution – Implication for a person discharged and acquitted of an offence
GODWIN CHUKWUMA V. THE FEDERAL REPUBLIC OF NIGERIA	CONSTITUTIONAL LAW – NATURAL JUSTICE:- Natural Justice – Conception and legal implication – Need for a party to be heard before the case against him is determined – When a trial is deemed fair – When no infringement of the principle of natural justice is deemed to have been committed against a party – Whether contemplated in the right to fair hearing is the right to present evidence, to cross-examine and to have findings supported by evidence – Whether implies that both sides be given an opportunity to present their respective case and that each side is entitled to know that case is being made against it and given an opportunity to reply thereto
GOVERNOR-IN-COUNCIL V. OSHUNLAJA	CONSTITUTIONAL LAW:- Right of fair hearing – Audi altarem partem – Whether fundamental or technical
GUOBADIA V. THE STATE	CONSTITUTIONAL LAW AND HUMAN RIGHTS: – Supreme Court – Whether has jurisdiction to sit over appeal arising from a decision of High Court which was abandoned before the Court of Appeal without leave to argue it as a fresh issue – Section 213 (1) of the 1979 Constitution, now Section 233(1) of the 1999 Constitution – When no objection thereto was raised by any of the parties to the appeal and where the appeal related to a capital offence – Whether ground for exception – Human rights of death row convicts to have every ground of appeal exhausted before execution of sentence – Need for court not to restrict same unduly
HABU V. NUT TARABA STATE	CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Breach of – Where incidental to substantive suit – Propriety of constituting same as a substantive claim for enforcement of fundamental right CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Human rights – Breach of – Right of a person to bring under any complaint
HASSAN GARBA V. MUSA LAWAN BIRNIWA & ANOR	CONSTITUTIONAL LAW:- Section 251 (1) of the 1999 Constitution of the Federal Republic of Nigeria – Proviso to the Section 251(1) (p) (q) and (r) of the 1999 Constitution (as amended) – The jurisdiction of the Federal High Court – Whether every suit to which an agency of the Federal government is a party necessarily falls under the jurisdiction of the Federal High Court – Land matters and causes – Whether can be entertained by the Federal High Court – Duty of court in determining questions of jurisdiction CONSTITUTIONAL LAW:- Federal High Court as a court of enumerated jurisdiction, and not one of general jurisdiction – Meaning – Duty of court to peruse the subject matter of an action to see if it fit into one of the enumerated areas of its jurisdiction
HAW TUA TAU V. PU PROSECUTOR AND OTHER APPEALS	CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Fair hearing and Rules of Natural Justice – Elements under a constitutional order – Whether rules of Natural Justice changed over time – Relevant considerations
HOPE UZODINMA V. SENATOR OSITA B. IZUNASO & ORS	CONSTITUTIONAL LAW – FAIR HEARING:- The right to fair hearing as guaranteed under the provisions of Section 36 of the 1999 Constitution
IBATOR V. BARAKURO
IBOKO V. THE COMMISSIONER OF POLICE	CONSTITUTIONAL LAW:- West African Court of Appeal Ordinance (1948 Laws of Nigeria cap. 229), s. 11(1); English Criminal Appeal Act, 1907, s. 4(1). Criminal Appeals from Magistrates to High Court. Eastern Nigeria – Appeal on facts – Proper wording of ground.
IBRAHIM-OHIDA- V. MILITARY ADMINISTRATOR; KOGI STATE	CONSTITUTIONAL LAW – PUBLIC OFFICER:- Public officer – Nature of protection offered -Section 2 of the Public Officers (Protection) Law
IDAKULA V. RICHARDS	CONSTITUTIONAL LAW – JUDICIAL PRECEDENT:-Appeal – Question decided by a previous panel of Court of Appeal -Attitude of a later panel of Court of Appeal thereto.
IDENYI V. THE QUEEN	CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life, Fair Hearing and Protection under the Law – Brutal lynching of a woman for grieving over the lynching of her two brothers by a dreaded cult group, Odozi Obodo – Attitude of courts thereto
IDEWU INASA AND OTHERS V. SAKARIYAWO OSHODI	PUBLIC LAW AND JURISPRUDENCE:- Native Law and Custom – Native Compound – Eviction of an occupier by Chief for asserting rights inconsistent with due rights of Chief over compound – Whether entitles Chief to evict relatives of occupier without more – Supreme Court Ordinance (Nigeria, 1923, c. 3), s. 20.
IFEGWU V. FEDERAL REPUBLIC OF NIGERIA	CONSTITUTIONAL LAW:– Constitutional provisions – Overriding effect of same over any other law or rules of court in a democratic setting CONSTITUTIONAL LAW:– Crime unknown to Nigerian law – Whether an accused person can be convicted of same in view of section 33(8) and (12) of the 1979 Constitution. CONSTITUTIONAL LAW:– Retrospective criminal legislation – Accused convicted thereunder – Whether constitutional – Accused person convicted of acts which occurred partly before the commencement and partly after the commencement of a legislation – Propriety of.
IGBE V. GOVERNOR OF BENDEL STATE	CONSTITUTIONAL LAW:- Scope of Section 275(1), (2), (3) of the 1979 Constitution and consideration of Section 274 -Appointment by Military Administrator – Removal of Appointee by Governor under 1979 Constitution -Non-compliance with Section 182 of the 1979 Constitution – Meaning of phrase “Until Other Provisions are Made” in Section 275(1) of the Constitution.
IGBOZOR V. EFFIONG AND ORS	CONSTITUTIONAL LAW – RIGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION:- Statutory provision as regards right to freedom of association – Section 40 – Whether precludes forceful cohabitation, or compelled associations limiting the rights of a person to carry on business unimpeded by the stipulations of any such association he is not a member of
IGWILO V. CENTRAL BANK OF NIGERIA	CONSTITUTIONAL LAW:- Fair hearing – What it connotes
IJALE V. LEVENTIS & CO. LTD	CONSTITUTIONAL LAW:- Legislation—Evidence Act, s.48, s.53
IKPASA V. BENDEL STATE	CONSTITUTIONAL LAW:- Fair hearing – Trial under a law not in force at time of commission of offence – Validity
ILOEGBUNAM V. ILOEGBUNAM	CONSTITUTIONAL LAW:– Order of re-arrest of a person upon an ex-parte application – Whether such order can be made without affording such person the opportunity of being heard in violation of section 36(4)(6)(e) of the 1999 Constitution
IN RE WYKES, DECD. RIDDINGTON V. SPENCER AND OTHERS.	JURISPRUDENCE AND PUBLC LAW: Statute – Construction – Title of Act – long title – Irrelevant to construction of unambiguous section – Charitable Trusts (Validation) Act, 1954, s. 1 (1) (post, p. 242).
INEC V. BALARABE MUSA AND ORS.	CONSTITUTIONAL LAW:– Political parties – Association which has fulfilled the six conditions stipulated in section 222 of the 1999 Constitution – Whether INEC has a duty to recognize same as a political party CONSTITUTIONAL LAW:– Political parties – Legislative competence of the National Assembly to make laws empowering INEC to register or regulate activities of political parties
INEGBEDION V. DR. SELO-OJEMEN	CONSTITUTIONAL LAW – JUDICATURE – JURISDICTION OF FEDERAL HIGH COURT:- Paragraphs (p), (q) and (r) of Section 251(1) of the 1999 Constitution – Effect – Whether vest exclusive jurisdiction on the Federal High Court over all civil causes and matters in which the Federal Government or any of its agencies is a party – Whether there are exceptions thereto