PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
NIGERIAN CONSTITUTIONAL LAW CASES/JUDGMENTS – 4
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
NIGERIAN CONSTITUTIONAL LAW CASES/JUDGMENTS – 4
| TITLE | MAIN ISSUES |
| INSPECTOR-GENERAL OF POLICE V. NWACHUKWU | CONSTITUTIONAL AND PUBLIC LAW – FREEDOM OF ASSEMBLY OR PROCESSION:- Section 36 (4) of the Police Ordinance – When a place shall be deemed a place of public resort as distinct from a public place – Purpose of Section 36 of the Police Ordinance – Avoiding the disturbing or provoking members of the public who frequently use and are likely to be or are on the roads or at the places of public resort and so prevent disturbance or provocation likely to lead to a breach of the peace |
| INTEGRATED DATA SERVICES LTD V. MR. OLAJIDE O. ADEWUMI | CONSTITUTIONAL LAW:- Breach of fair hearing guaranteed under the Constitution – When petition pursuant thereto could be ousted by operation of limitation statute – Relevant consideration |
| ISAAC E. NWAENANG V. CHIEF EDET W. NDARAKE & ORS | CONSTITUTIONAL LAW – FAIR HEARING:- Whether applies in respect of counter claim if counsel/party did not notify the High Court that he intended to call and lead evidence on the defence thereto and was refused the opportunity to do so – Justification – Whether a plaintiff who has been given every opportunity to defend a counterclaim cannot complain of lack of fair hearing |
| ISRAEL DISCOUNT BANK OF NEW YORK V. HADJIPATERAS AND ANOTHER | |
| IZIOGO V. THE QUEEN | CONSTITUTION LAW – INTERPRETATION OF STATUTE:- Legislation-Evidence Act, s. 34 (3); Constitution (1960) of Eastern Nigeria, s.42. |
| J. M. KODILINYE V. MBANEFO ODU | PUBLIC LAW AND JURISPRUDENCE – FAIR HEARING:– Parties to a suit – Need to afford them fair and impartial hearing |
| J.S. OLAWOYIN V. COMMISSIONER OF POLICE | CONSTITUTIONAL LAW:- Effect of Chapter IV of the Third Schedule to the Nigeria (Constitution) Order in Council, 1960 on practices of the Sharia Court of Appeal – Effect of a new Constitutional instrument on existing laws |
| JACK V. UNIVERSITY OF AGRICULTURE MAKURDI | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Enforcement of fundamental rights – Section 42(1) of the 1979 (Constitution) – Procedure prescribed by the Fundamental Rights (Enforcement Procedure) Rules, 1979 – Court with jurisdiction to hear suits brought thereto – Where both State High Court and Federal High Court have concurrent jurisdiction – Whether a case for breach of contract can brought under the Rules |
| JALO TSAMIYA V. BAUCHI NATIVE AUTHORITY | CONSTITUTIONAL LAW – JUDICIAL PRECEDENT:- Duty of inferior Court to follow decision of superior courts – Applicable principles CONSTITUTIONAL LAW – JUDICIAL PRECEDENT:- High Court not following West African Court of Appeal decision – Propriety of. |
| JAMES ONANEFE IBORI V. FEDERAL REPUBLIC OF NIGERIA AND ORS. | CONSTITUTIONAL LAW – FAIR HEARING:- What fair hearing entails |
| JATAU V. AHMED AND ORS. | CONSTITUTIONAL LAW:– “Decision” within the meaning of section 277(1) of 1979 Constitution – whether exercise of discretion to grant application for amendment is a “decision” thereunder – Court of Appeal reviewing or setting aside such exercise of discretion – propriety of. |
| JEREMIAH EGBOMA V. THE STATE | CONSTITUTIONAL LAW – WAIVER OF RIGHT TO FAIR HEARING:- Where a statute prescribe procedural requirements for the form and content of an information – Whether it can be disputed that such procedural requirement that touches on or affects the right of the accused to adequate time and facilities to prepare his defence is guaranteed under S. 36(6) (b) of the 1999 Constitution of Nigeria – Whether part of the compendium of the rights that constitute the fundamental right to fair hearing guaranteed by S. 36 of the 1999 Constitution – Whether the exercise and employment of such a right can be waived by the owner – Whether waiver can be express or by conduct – Whether a party who has waived his right to fair hearing can complain that such right was violated |
| JIBIR KAWU DAN FARI V. KANO NATIVE AUTHORITY | CONSTITUTIONAL LAW:- Appeal – Powers of Regional Legislature regarding rights of appeal to the Federal Supreme Court – Whether Regional Legislature can make law regulating procedure on such appeals – Sections 148,150(l) & (2),151 (1), Nigeria (Constitution) Order, 1954 |
| JIDE ALADEJOBI V. NIGERIA BAR ASSOCIATION | CONSTITUTIONAL AND ADMINISTRATIVE LAW:- Challenge of the powers of a statutory quasi-judicial body on ground of inconsistency with the Constitution and natural justice – Where party is legally expected to appear before that quasi-judicial body before appeal can lie to a superior tribunal– Whether party can validly refuse to appear before that body and instead appeal to superior court on ground of unconstitutionality – Proper place to first ventilate the challenge as to constitutionality |
| JOE BROWN AKUBUEZE V. THE FEDERAL REPUBLIC OF NIGERIA | CONSTITUTIONAL LAW:– Fair hearing – section 33(6)(c) of 1979 Constitution – Whether there is a breach of same where the appellant desire to be represented by counsel was not met |
| JOE UWAGBA V. FEDERAL REPUBLIC OF NIGERIA | CONSTITUTIONAL LAW:– Fair hearing – Constitutional right of appeal of appellant – Whether can be denied appellant by virtue of s.5(1) Failed Banks Decree No 18, 1994 |
| JOEL OKUNRINBOYE EXPORT CO. LTD & ORS V. SKYE BANK PLC | CONSTITUTIONAL LAW – FAIR HEARING:- The general principles of fair hearing and it’s position under the undefended list procedure |
| JOHNSON AND ANOTHER V. THE STATE | JURISPRUDENCE AND PUBLIC LAW:- Return of constitutional democracy after military rule – Implication for Nigeria’s legal system – Applicable laws – Determination of same – Effect of |
| JOSHUA GUTING V. TUNYANG DAVWANG | CONSTITUTIONAL LAW – RIGHT TO COUNSEL:- Section 36 (1) of 1999 constitution of Nigeria – Deprivation of right to file Respondent’s Brief of Argument through a Legal practitioner of choice – Right to defend self in person or by a legal Practitioner of own choice – Whether right of defence by counsel of one’s choice apply also in civil cases and appeals CONSTITUTIONAL LAW:- Interpretation of Paragraph 12 and 18 (1-3) of fifth schedule part 1 to the 1999 Constitution (as amended) – Code of Conduct Tribunal – Establishment, power and functions – Whether Court of Appeal has original jurisdiction to deal with the issue of breach of code of conduct by a public officer |
| JULANDE V. ZARIA N.A. | CONSTITUTIONAL LAW:- Federal- Constitution of the Federation 1960, s. 21(5) )e) (s 22(5) (e) in the 1963 Constitution |
| KABO AIR LIMITED V. THE O’ CORPORATION LIMITED | CONSTITUTIONAL LAW – FAIR HEARING RIGHTS:- Where a court decides a matter before it by applying a rule of law/legislation which it had not afforded parties opportunities to address it on – Whether amounts to denial of fair hearing – Section 36 (1) of the 1999 Constitution |
| KALE V. COKER | CONSTITUTIONAL LAW:- Supreme Court – Appellate jurisdiction over questions of fact – Need to obtain leave of Court of Appeal – S. 123 (3) of the 1979 Constitution |
| KALU V. STATE | CONSTITUTIONAL LAW:- Action seeking to enforce fundamental rights – Whether Supreme Court has original jurisdiction to entertain – Ogugu v. State (1994) 9 NWLR (Pt. 366) 1; Effiom v. State (1995) 1 NWLR (Pt. 373) 507 followed CONSTITUTIONAL LAW:-Arraignment- Valid arraignment – Requirements of -Section 36(6)(x) of the 1979 Constitution and section 215 of the Criminal Procedure Law considered. |
| KANO TEXTILE PRINTERS PLC V. GLOEDE AND HOFF NIGERIA LIMITED(SC) | CONSTITUTIONAL LAW:-Constitution of the Federal Republic of Nigeria, 1999 – Section 233(3) thereof – Purport of – Condition for appeal created thereunder |
| KANO TEXTILE PRINTERS PLC V. GLOEDE AND HOFF NIGERIA LIMITED | CONSTITUTIONAL LAW:- Appeal as of right against final decision of a High Court under section 241(1) a of 1999 Constitution. |
| KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE | CONSTITUTIONAL LAW – SHARIA COURT OF APPEAL:- Jurisdiction of the Sharia Court of Appeal – Section 227 of the 1999 constitution – Whether Land disputes cannot be entertained by Sharia Court of Appeal except where it involves any question of Islamic personal law regarding a Wakf, gift, will or succession or where the endower, donor testator or deceased person is a Muslim |
| KARIMU ADISA V.EMMANUEL OYINWOLA | CONSTITUTIONAL LAW:– Unlimited jurisdiction of the High Courts – Limits by virtue of section 39(1) of the Land Use Act, 1978 – Whether jurisdiction of High Courts affected by the provisions of the Land Use Act. |
| KHALIL & DIBBO TRANSPORT LTD V. S.T. ODUMADE | CONSTITUTIONAL LAW:– S. 6(6) a 1979 Constitution – Whether order of non – Suit or striking out can be made thereunder |
| KHALIL V. MUSA YARADUA | 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 – Proper treatment of |
| KUKOYI V. ODUFALE | CONSTITUTIONAL LAW – INTERPRETATION OF STATUTE:- Legislation – Forestry Ordinance, s.18 (cap. 75 in 1948 Laws); (s.18 of cap 72 in 1958 Laws of the Federation; s.18 of the Forestry Law, cap. 38 in 1959 Laws of Western Nigeria— Omo Government Forest Reserve (Amendment) Order, 1952, Item 19 (in Supplement to Western Region of Nigeria Gazette, December 1951 to December 1952, at B.43) – Proper treatment of |
| KURUNGU KAUDE V. ALH. AUDU MAIGISHIRI | 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 |
| LATEEF SADIKU V. THE STATE | CONSTITUTIONAL LAW:- Statutory provisions of Section 174 and 211 of the 1999 Constitution (as amended) – Powers of the Attorney-General of the Federation and any of the States to institute criminal proceedings within their jurisdictions – Whether a State Attorney General has powers to file to file information for the purpose of prosecuting an offender under a law made by the National Assembly – How treated CONSTITUTIONAL LAW:- Legislative competence – Residual matters – Robbery – Level of government with competence to legislate over same |
| LAWAL V. FALODE | CONSTITUTIONAL LAW:- Legislation – Western Nigeria: Sheriffs and Civil Process Law (cap. 116) s.15 Judgments (Enforcement) Rules, 0.4, r7, (printed following cap. 116) – Effect |
| LAWAL V. KOFFO | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Public institution – Unjustified disregard for legal processes in carrying out their duties, arbitrariness, persecution and abuse of civil rights of individuals – Attitude of court – When award of substantial/punitive damages would be appropriate |
| LAWRENCE OKWUEZE V. EMMANUEL EJIOFOR | CONSTITUTIONAL LAW – JUDICIAL PRECEDENT – Decisions in Ojeme V. H.H Momodu II and Oyeyinka v. Osague – purport of |
| LIMAN V. THE STATE | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to fair hearing – Failure of court to secure accused person opportunity to cross-examine a key witness – When same can be deemed miscarriage of justice – “A person standing trial is entitled to defend himself and to avail himself of all facilities provided by the law” – Effect |
| LINUS OKEREKE V. NWANKWO | CONSTITUTIONAL LAW:- Customary Court of Appeal – Jurisdiction over matters emanating from customary Court – Need for Grounds of Appeal and Issues brought pursuant thereto to be restricted to ones involving cases of Customary Law – Section 247(1) of the 1979 Constitution – Whether Customary Court of Appeal can be properly constituted by a single Judge of that court when hearing and determining appeal – Duty of Supreme where competence of appeal had not been raised firstly in the Customary Court of Appeal and secondly in the Court of Appeal |
| LIYANAGE AND OTHERS V. REGINAM | CONSTITUTIONAL; Legislatures: ADMINISTRATION OF JUSTICE; Judiciary CONSTITUTIONAL LAW:- Constitution – Separation of powers – Judicature – Legislation infringing judicial power – Retrospective criminal legislation directed to individuals concerned in abortive coup d’état in Ceylon – Ultra vires – Criminal Law (Special Provisions) Act, No 1 of 1962 – Criminal Law Act, No 31 of 1962. |
| LUFADEJU V. JOHNSON | |
| MACKAM V. THE QUEEN | HUMAN RIGHT AND CONSTITUTIONAL LAW– LYNCHING:- Right to life – Brutal murder of a young girl on suspicion of practicing witchcraft – How treated |
| MADAM ALAKE AROYEWUN V. JOSEPH ADEBANJI | CONSTITUTIONAL LAW:- Section 117(4)(c) of the 1963 Constitution – Leave of Court to bring an appeal from decisions of the High Court exercising appellate jurisdiction over other courts – Whether mandatory – Duty of party to comply with same CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Access to Court to bring an appeal – Whether not a matter of common right but of special provision – Whether different standards of access to court apply to trial courts and appellate courts |
| MADAM ANI ATAMGBA V. ODO AMBA EFFIMI | CONSTITUTIONAL LAW:– Fair hearing |
| MAGNA MARITIME SERVICES LIMITED V. OTEJU | CONSTITUTIONAL AND PUBLIC LAW – FAIR HEARING:- Need to maintain same for both plaintiff and defendant – Whether refusal to grant unnecessary adjournment of case amounts to fair hearing – Failure to take ample opportunities offered to present one’s case before the court – Whether can ground a charge of denial of fair hearing |
| MAIGARI v BIDA | CONSTITUTIONAL LAW – COMPETENCE OF A SUIT: Jurisdiction of Sharia Court – Need for claim or cause of action to come within the Islamic personal law as provided under section 277(2)(a)-(e) of the Constitution of the Federal Republic of Nigeria 1999 – How determined – Legal implication |
| MAJA V. THE STATE | CONSTITUTIONAL LAW:- Fair hearing and section 22 (1) of the 1963 Constitution – Conviction of person of lesser offence different from that charged without asking accused to show cause why he should not be convicted or to address court – Whether constitutional |
| MAJOR AKPANG OBI ODU (Rtd.) & ANOR V. MRS. TINA AGBOR-HEMESON | CONSTITUTIONAL LAW:- Right of appeal – As a non-natural right but creation of statute or the Constitution – Whether no court of law has jurisdiction to hear any appeal unless it is derived from a Statutory or Constitutional provision CONSTITUTIONAL LAW:- Section 241(2)(a) of the 1999 Constitution – Unconditional leave to defend an action – Whether not appealable – Whether an appeal against the transfer of action from the undefended list to the general cause list renders the appeal incompetent and robs appellate court of the jurisdiction to entertain the appeal |
| MALLAM ABUBAKAR ABUBAKAR & ORS. V. SAIDU USMAN NASAMU & ORS. | CONSTITUTIONAL LAW:- Whether time fixed by the constitution can be altered, extended, expanded or elongated by any court in the purported exercise of a discretion to that effect |
| MANUFACTURERS ASSOCIATION OF NIGERIA V. THE ATTORNEY-GENERAL OF LAGOS | CONSTITUTIONAL LAW:- Covering the field – Meaning and application of CONSTITUTIONAL LAW:- Grundnorm of Laws in Nigeria – Invalidity of laws inconsistent with CONSTITUTIONAL LAW:- Invalidity of laws inconsistent with |
| MARCEL NNAKWE V. THE STATE | CONSTITUTIONAL LAW – RIGHT OF REPRESENTATION:- Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 – Settled law that every party to a case has an unfettered right of representation by counsel of his choice – Where a counsel announces appearance on behalf of a party in any matter – The authority to challenge such representation – Whether only lies with the party being represented – CONSTITUTIONAL LAW – RIGHT OF REPRESENTATION:- Competence or otherwise of a private legal practitioner and his authority to prefer a charge on behalf of the Attorney-General of the Federation – Whether cannot be questioned by any other person except the Attorney General – When or where counsel announces that he is appearing for a party, whether it is not for the court to start an enquiry into his authority CONSTITUTIONAL LAW – POWER OF THE FEDERAL ATTORNEY GENERAL OF THE FEDERATION – FIAT: Section 174(1) of the Constitution of the Federal Republic of Nigeria, 1999 – Sections 4(2)(b) and 134 of the Penal Code and Criminal Procedure Act – Power of the Honourable Attorney-General of the Federation and Minister of Justice to issue fiat in respect of criminal prosecution of any person – Where the Attorney General of a state is vested with any powers under the Constitution or any law – Whether the same power is vested in the Federal Attorney General if it is to be exercised in the Federal Capital Territory – whether the Attorney-General of the Federation is the Attorney-General of the Federal Capital Territory – Whether the only authority that can issue a fiat to prosecute charges for offences having, by operation of law been committed within the – implications and influence of the wide and enormous power vested in the Federal Attorney General under section 174 of the Constitution – Whether the Attorney-General of the Federation under section 174 of the Constitution is an agency of the Federal Government which the court cannot control the manner he exercises those powers so conferred |
| MARCUS OPUIYO V. JOHNSON OMONIWARI (DECEASED) | |
| MARGARET AKUNG EPHRAIM NENE EYU (MRS) V. THE STATE | CONSTITUTIONAL LAW:- Section 33(4) of 1979 Constitution – Fair hearing – Effect of lack of jurisdiction thereon |
| MARTIN AGBASO V. IKEDI OHAKIM & ORS. | CONSTITUTIONAL LAW – FAIR HEARING:- The doctrine of fair hearing |
| MATTHEW OYE OLUWOLE V. POWER HOLDING COMPANY OF NIGERIA PLC. | CONSTITUTIONAL LAW:- Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 – Whether jurisdiction conferred on the Federal High Court does not include any case of simple contract or damages for negligence CONSTITUTIONAL LAW:- Jurisdiction of the Federal High Court – Section 251 of the 1999 Constitution – Purports of paragraphs (p) (q) (r) (s) of section 230 of the Constitution – Whether to vest exclusive jurisdiction in the Federal High Court in matters in which the Federal Government or any of its agents was party – Implication for a State High Court’s Jurisdiction in such matters notwithstanding the nature of the claim in the action |
| MATTHIAS NNORUGA & ORS V. DR. AKINBOWALE R. ENIOWO & ORS. | CONSTITUTIONAL LAW – HUMAN RIGHTS – ARREST OF A PERSON BY POLICE FOR ALLEGED BREACH OF CONTRACTUAL OBLIGATIONS:- Whether arrest or detention of a person for breach of contractual obligation is justifiable under the Constitution and laws of Nigeria – Whether subsequent arraignment before a magistrate court can cure such the illegality of the arrest |
| MBAMARA V. IWUAGWU | CONSTITUTIONAL LAW:– Customary law – status of same in relation to other types of existing laws CONSTITUTIONAL LAW:– Customary law – Whether the provision of section 35 of the 1979 Constitution entrenched customary law such that it could only be changed by constitutional amendment CONSTITUTIONAL LAW:– Existing law – Whether the custom of Amaraku people on hereditary succession to Ezeship passed through the 1979 Constitution as an existing law |
| MENAKAYA VS. MENAKAYA | CONSTITUTIONAL LAW:- Legal practitioner – Right to make representation on behalf of his client – Constitutional foundation |
| MERCHANTS BANK LTD. V. FED. MIN. OF FINANCE | CONSTITUTIONAL LAW: Civil Right – Nigeria (Constitution) Order-in-Council, 1954, 6th Schedule, clause 5 – Determination of Civil Rights – Whether Banking Licence falls under the meaning of “Civil Right” within clause 5 of 6th Schedule, Nigeria Constitution 1954. |
| MICHAEL ADEDAPO OMISADE AND OTHERS V. THE QUEEN | CONSTITUTIONAL LAW:- Constitution of the Federation, 1960, s.21(9) (s.22(9) of the 1963 Constitution); Criminal Code, s.7, s.10 first paragraph, s.40, s.41(b), s.49, s.516, and s.518(6); Criminal Procedure Act, s.166 and s.167; Evidence Act, s.31, s.154(1), s.159 opening sentence and proviso (a), s.177(1), and s.178(1) and (2)(a) – Interpretation of |
| MIKE AMADI V. FEDERAL REPUBLIC OF NIGERIA | CONSTITUTIONAL LAW – DELEGATION OF POWER:- Delegation of power by the Attorney General in criminal matters |
| MISC. OFFENCES TRIBUNAL V. OKOROAFOR | CONSTITUTIONAL LAW:- Hierarchy of laws – Military regime – Hierarchy of laws thereunder CONSTITUTIONAL LAW:- Rule of law-Meaning and ingredients of-Duty on court with respect thereto CONSTITUTIONAL LAW:- Reference – Reference of constitutional issue to higher court – Purpose of – Extent of power of court to which case referred with respect to issue referred. |
| MOHAMMED OLADAPO OJENGBEDE V. M.O. ESAN | CONSTITUTIONAL LAW:- Fair hearing – Denial of – Effect |
| MOJEKWU V. IWUCHUKWU | CONSTITUTIONAL LAW – FAIR HEARING:- Court proceedings – Need for issues to be joined by the parties and for parties to be heard upon those issues by the Court– Duty of the Court to limit itself to issues joined by the parties on their pleadings – Justification – When an issue is raised suo motu – Need for the parties to be invited to address the court on the matter before reaching a decision – Whether court going outside those pleadings is an aspect of a denial of fair hearing which may lead to a miscarriage of justice |
| MOSAKU V. OGUN | CONSTITUTIONAL LAW:- Fair hearing – Denial of – Parties present in Court not heard before judgment is given. |
| MR. A.O. YISA V. OYO STATE JUDICIAL SERVICE COMMISSION | CONSTITUTIONAL LAW – FAIR HEARING:– Principles of natural justice |
| MR. EMMANUEL NNAMDI NNAKWE V. THE STATE | CONSTITUTIONAL LAW:- Powers of the Attorney General to issue a fiat for the prosecution of a charge – Section 301 of the Constitution of the Federal Republic of Nigeria 1999 – When deemed competent – Relevant considerations |
| MR. GABRIEL ULEKE & ANOR V. PRINCESS BENEDICT A. KAKWA & ANOR | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING:- Dismissal of a suit by a Court without hearing Counsel or a party – Whether constitutes a violent breach of the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 which governs fair hearing – Violation and denial of a party’s right to fair hearing guaranteed by the constitution by a court in any judicial proceedings – Effect thereof on entire proceeding |
| MR. SAMUEL ASONIBARE V. MOHAMMED MAMODU & ANOR | CONSTITUTIONAL LAW:- Appellate jurisdiction of the Court of Appeal – Constitutional basis – Section 240 of the Constitution – Power of the President of the Court of Appeal to make Rules regulating proceedings of the Court – Constitutional Basis – Section 248 of the Constitution of Nigeria, 1999 – Whether court can exercise its discretion in waiving non-compliance with the rules so made – Whether there is s a duty on a party to show special circumstances justifying exercise of such discretion – Whether in the absence of such proof, brief filed in breach of rules of court are incompetent |
| MR. TOYIN BAJELA OKO-OSI V. MRS. R. I. AKINDELE | CONSTITUTIONAL LAW AND JURISPRUDENCE – JUDICIAL POWERS – STARE DECISIS/PRECEDENT:- Section 6 of the Constitution of the Federal Republic of Nigeria, 1999, as amended – Vesting of the judicial powers of the Federation in the Superior Courts of record duly established for the Federation – Whether the judicial powers of a state are equally vested in the courts duly established for the respective states, subject to the provisions of the Constitution – Duty of courts not only to respect, but also to be strictly bound by the authoritative decisions of the Supreme Court – Justification |
| MR. WILLIAM BALLANTYNE V. HON. ESSIEN EKPENYONG AYI & ORS | CONSTITUTIONAL LAW – FUNCTIONS OF THE COURT APPEAL:- Whether the court of appeal can exercise original jurisdiction outside the provisions of the constitution |
| CONSTITUTIONAL LAW – VALIDITY OF HOLDEN CHARGES:- Constitutionality of Section 263 (3) of the Criminal Procedure Law and Section 236 (2) of the Criminal law – whether conflicts or complements relevant provisions of the Nigerian Constitution – Distinction between holden charges and remand proceedings – Justification of remand proceedings | |
| MRS. FOLUKE MUDASIRU & ORS. V. ANDREW OBINNA KALU ONYEARU & ORS. | CONSTITUTIONAL LAW: Joinder of parties – Need for person whose legal right may be affected in a proceedings to be allowed to join in the suit as a party so as to watch and safeguard his interest – When refusal or lack of knowledge would result adversely against the person and result in a denial of his fundamental right to fair hearing of audi alteram partem as entrenched in the constitution of the Federal Republic of Nigeria |
| MRS. PAULINA ASIKA & ORS V. CHARLES CHUKWUMA ATUANYA | CONSTITUTIONAL LAW:- Right of inheritance – When it will be considered unconstitutional, discriminatory, unfair and unjust to say that women by virtue of a particular customary law of their birth place are not entitled to share and benefit from the properties of their late father – When it will be inequitable to so hold |
| MUSILIU TEWOGBADE V. SALIU AGBABIAKA | CONSTITUTIONAL LAW – FAIR HEARING:– Meaning of under section 33(1) of – Rights parties 1979 constitution. |
| N. T. BELL V. MRS E. E. EBENEZER | CONSTITUTIONAL LAW:- Supremacy of the Constitution over Rules of Court —Constitution of the Federation 1960, Section 110—Time within which to appeal—Supreme Court (Civil Procedure) Rules, OXLIVA r.1—Federal Supreme Court Ordinance, 1960, (No. 12 of 1960) Sec. 31 |
| N.E.S.C.O. LTD. V. GYANG | CONSTITUTIONAL LAW:- Federal Military Government (Supremacy and Enforcement of Powers) Decree, 1970 – Wayleaves Licences Law distinguished from Decree or Edict. – Whether Wayleaves Licences Law S.8(2) invalid for inconsistency with S.31(1)(b) and S.117(7)(a) of the Federal Constitution and with S.53. of the Benue-Plateau State Constitution CONSTITUTIONAL LAW:- Compulsory acquisition of a right or interest in land, by way of a wayleave of right to carry electricity over land and to put up poles – Jurisdiction of court over same – Validity of law seeking to oust access to court over damages or claims for compensation arising therefrom |
| N.W.R.D. LTD. V. JAIYESIMI | CONSTITUTIONAL LAW:- Constitution of the Federation, 1960, S.110 – Consent judgment – Whether leave to appeal necessary |
| NAFAMA THIMNU V. UNION BANK OF NIGERIA PLC & ORS. | CONSTITUTIONAL LAW – FAIR HEARING:- Meaning – Role of court in adjudicatory process – Raising of issues suo motu by court and resolving same without allowing parties to address court on same – Where a court fails to give full consideration and determination of the case of a party – Whether amounts to breach of fair hearing – Effect |
| NAFIU RABIU V. KANO STATE | CONSTITUTIONAL LAW AND JURISPRUDENCE:- Constitution – Nature thereof in contradistinction to an Act of the Legislature – Duty and responsibility of the Supreme Court thereto CONSTITUTIONAL LAW:- Interpretation – Where the question is whether the Constitution has used an expression in the wider or in the narrower sense – Need for the court to focus on where the justice of the case leans – Whether the court is to prefer broader interpretation unless there is something in the context or in the rest of the Constitution to indicate that the narrower interpretation will best carry out its object and purpose |
| NANGIBO V. OKAFOR AND ORS. | CONSTITUTIONAL LAW:- “Existing law” insection6(6)(d), 1979 Constitution – Meaning of CONSTITUTIONAL LAW:- Compulsory acquisition – Compulsory acquisition of citizen’s land by government – Procedure CONSTITUTIONAL LAW:- Existing law – Section 6(6)(d), 1979 Constitution – Purport of – Whether prohibits court from determining validity of existing law. CONSTITUTIONAL LAW – Existing law – Validity of – Whether court can question same. |
| NATIONAL ASSEMBLY & ORS V. CEE CHRIS INVESTMENT CO. LTD | CONSTITUTIONAL LAW – FAIR HEARING: Essential condiment of fair hearing |
| NATIONAL ELECTRIC POWER AUTHORITY V. ANTHONY IKECHUKWU EZE | CONSTITUTIONAL LAW – FAIR HEARING:– Nature of right to fair hearing – Importance of the obligation to hear the other side of a party to a dispute – Audi alteram partem role and section 36 of 1999 Constitution considered |
| NDI OKEREKE ONYUIKE V. THE PEOPLE OF LAGOS STATE & ORS | CONSTITUTIONAL LAW – PROVISIONS AS TO CRIMINAL PROCEEDINGS:- Section 36(6) of the 1999 Constitution – Whether an omnibus provision – Right of an accused person to request a trial court for adequate time and facilities to prepare his defence in the case – Section 36(1) of the 1999 Constitution – Fair hearing respecting the determination of the civil rights and obligations (not the criminal rights and obligations) of a person – Section 36(4) of the 1999 Constitution – Fair hearing in criminal cases – Whether fair hearing for an accused person commences when he is charged to court or tribunal sitting in public and does not extend to the process of investigation of a crime against an accused person – Relevant considerations CONSTITUTIONAL LAW – ATTORNEY GENERAL:- Attorney General of Lagos State as the Chief Legal Officer of the Lagos State – Powers conferred by Constitution pursuant to responsibility to maintain law and order – Law enacted to foster an atmosphere for the pre-emptive performance of the Attorney General’s Constitutional duty – Whether the court can intervene to stop him from proceeding – Whether wide powers conferred on the Attorney General by Section 211 of the Constitution was fettered by Section 36 of the same Constitution |
| NIGERIA AGIP OIL COMPANY LIMITED V. CHIEF GIFT NKWEKE & ANOR, | CONSTITUTIONAL LAW:- Sections 240 -243 of the 1999 Constitution – Right of appeals from the decisions of the Federal High Court to the Court of Appeal – Stipulation that right be exercised in accordance with any Act of the National Assembly and Rules of Court for the time being in force regulating the powers, practice and procedure of the Court of Appeal – Effect CONSTITUTIONAL LAW – JURIPRUDENCE AND PBLIC LAW – CASE LAW – STARE DECISIS: Principle that a lower Court is bound by the decision of a higher Court irrespective of its palatability – Basis – Section 287 of the Constitution Where the attention of a Court is drawn to a superior authority – Duty of that Court, even if it is the Apex Court to reconsider its stand and follow the superior authority |
| NIGERIA DEPOSIT INSURANCE CORPORATION V. UNION BANK OF NIGERIA PLC. & ANOR. | CONSTITUTIONAL LAW:- Federal High Court – Jurisdiction of- Extent and scope of – Past and present position – Jurisdiction of over dispute arising from ordinary banker-customer relationship – Whether extant – Sections 251( 1)(d) and 272 of the Constitution of the Federal Republic of Nigeria, 1999 considered- Jammal Steel Structures Ltd. v. ACB Ltd. (1973) 1 All NLR (Pt. 2) 208 distinguished – FMB v. NDIC (1999) 2 NWLR (Pt. 591) 333followed. CONSTITUTIONAL LAW:- Inconsistency rule – Sections 3(1) and 9 of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree No. 18 of 1994 – Inconsistency of with section 251(1)(d) of the 1999 Constitution – Effect of- Whether renders the entire sections of the Decree void. CONSTITUTIONAL LAW:- Section 251(1)(d) of the Constitution of the Federal Republic of Nigeria, 1999 – Intendment and effect of – Whether deprives Federal High Court jurisdiction in ordinary banker-customer relation – Effect of on respective jurisdictions of Federal High Court and States High Court. |
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