POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
NIGERIAN CONSTITUTIONAL LAW CASES/JUDGMENTS – 5
TITLE | MAIN ISSUES |
NIGERIA DEPOSIT INSURANCE CORPORATION V. OKEM ENTERPRISES LIMITED | CONSTITUTIONAL LAW – RIGHT TO BRING ACTION:- Duty of Court to uphold same – Abuse of court process – Whether multiplicity of actions is automatically deemed as abuse of court processes |
NIGERIA WATER RESOURCES DEVELOPMENT LIMITED | CONSTITUTIONAL LAW:- Constitution of the Federation, 1960, S.110 – Consent judgment – Whether leave to appeal necessary |
NIGERIAN NATIONAL PETROLEUM CORPORATION V. CLIFCO NIGERIA LIMITED | CONSTITUTIONAL LAW – FAIR HEARING – RULE OF NATURAL JUSTICE:- Duty of Judge, adjudicator, or arbitrator in resolving dispute to allow both parties to be heard and to listen to the point of view or case of both sides – Basis of |
NIGERIAN NATIONAL PETROLEUM CORPORATION & ANOR. V. FAMFA OIL LIMITED | CONSTITUTIONAL LAW:- Whether the schedule of a statute is part of it and as potent as any part of the statute- Whether subsidiary legislation must conform with the principal law – Whether parties can by conduct or consent alter the Constitution or a statute |
NNABU V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS: Extra-judicial Lynching of a citizen alleged to have stolen a goat – Activity of dreaded cult group – The Odozi-Obodo Society menace – Attitude of court thereto |
NTUFAM JAMES BASSEY ATAGBOR V. NTUFAM IGNATIUS OKON NDIFON OKPO & ORS. | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING:- Fair hearing within the meaning of Section 36(1) of the 1999 Constitution – Meaning – Requirement that the twin pillars of the Rules of Natural Justice namely, Audi alteram partem and nemo judex in causa sua be observed – True test of fair hearing |
NUHU V. OGELE | CONSTITUTIONAL LAW:- Supremacy of the Constitution – Meaning and effect of |
NWANKPU NWORIE V. COMMISSIONER OF POLICE | PUBLIC LAW: Interpretation of Legislation – S.38(2), Eastern Region High Court Law |
NWEKE V. THE STATE | CONSTITUTIONAL LAW:- Legislation – Federal – The Constitution of 1963, s.21(I) and (2) – Criminal Code (Cap. 42 in 1958 Laws of the Federation etc.), s.130, 5.283, 5318 – Criminal Procedure Act (cap. 43) S.5, S.12 S.14(1) – Legislation – Eastern Nigeria – Criminal Code (cap. 30) in laws of 1963) S.130, 5.283, 5.318 – Criminal Procedure Law (cap. 31 there) S.5, s.12, s.14(1) – Interpretation of |
NWIGBOKE V. THE QUEEN | CONSTITUIONAL LAW AND HUMAN RIGHTS:- Right to Life, Fair hearing and Protection under the Law – Notorious Cult group activities – Odozi-Obodo Society menace – killing of deceased person accused of sleeping with wife of Cult Chief – Death sentence and execution of same by cult members – How treated by court |
NWOBIALA V. INSPECTOR GENERAL OF POLICE | CONSTITUTIONAL LAW:- Right of appeal conferred by S.40 Eastern Region High Court Law, 1955 – Whether subject to S.147(3)(c) of Nigeria (Constitution) Order in Council, 1954 |
NWOKOCHA V. ATTORNEY GENERAL OF IMO STATE | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Meaning – Fair hearing in criminal trial – Whether equivalent to a fair trial of a case in its entirety – Where a party is afforded every opportunity to present his case and he fails to take advantage of such opportunity – Whether such party is deemed to have voluntarily abandoned his case or defence – Whether he cannot later contend that his right to fair hearing was breached. CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Essence of the right of fair hearing – Abuse of the principle – Cases where counsel has nothing to urge in favour of client – Attitude of court thereto |
NYESOM V. PETERSIDE & ORS | CONSTITUTIONAL LAW – JURISPRUDENCE AND PUBLIC LAW – LEGISLATION – ELECTORAL ACT:- Supremacy of the Electoral Act over any letter or directive of the Independent National Electoral Commission – Effect CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Effect of absence of fair hearing on Court proceedings |
OBAJI V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life, fair hearing and protection under the law – Husband killed by Cult Group so as to appropriate wife for a member of the cult – Attitude of court thereto |
OBASANJO V. YUSUF | CONSTITUTIONAL LAW:- Act of National Assembly – Where re-enacts existing provision of the Constitution – Validity of CONSTITUTIONAL LAW – Constitution – Supremacy of. CONSTITUTIONAL LAW:- Electoral Act, 2002 – Breach of – Sections 158, 221 and 225(b) and paragraph 15(a), (c) and (f), Part 1, Third Schedule to 1999 Constitution – Whether can be invoked to sustain. |
OBASEKI V. AFRICAN CONTINENTAL BANK LTD | CONSTITUTIONAL LAW:- Legislation: Companies Act (1958 Laws of the Federation, c.37), section 23](5); First Schedule, Table A, Art. 76. |
OBAYUWANA V. GOVERNOR OF BENDEL STATE & ANOR. | CONSTITUTIONAL LAW:- Executive powers of State Governor under civilian Constitution of 1979 – Exclusion of such executive power as vested in other executive bodies – Power to remove customary court members from office constitutionally vested in State’s Judicial Service Commission. CONSTITUTIONAL LAW: Executive Orders of Governor – Validity – Limits – Need to make same subject to the provisions of the Constitution – Duty not to use same gto usurp powers of the Legislature CONSTITUTIONAL LAW: Customary Court of Appeal and Sharia Court of Appeal – Constitutional foundation – Whether not creations of State Legislatures – Power of State legislature to determine their establishment or abolishment – Effect |
OBI V. D.P.P. | CONSTITUTIONAL LAW:– Principles for the interpretation of the Constitution – Constitution of the Federation, section 114(1) (c) |
OBODO V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to life, fair hearing and protection of the law – Lynching of Wife of Cult Chief by husband – Deceased accused of poisoning as her step-child – attitude of court thereto |
OBONG NSIMA UMOH & ANOR V. HON. ITA SOLOMON JAMES ENANG & ORS. | CONSTITUTIONAL LAW- FAIR HEARING:- When omission or failure on the part of a court to hear the parties on an issue is fatal to its decision on the issue – Whether court can raise an issue suo motu without hearing the parties to be affected by the decision |
ODERINLO V. SOWANDE | CONSTITUTIONAL LAW:- Legislation-Federal- The Glover Settlement Act (cap.75), s.8(1), s.13; B: The Registration of Titles Act (cap. 181), s.6(a) |
ODOEMENA NWAIGWE & ORS V. EZE EDWIN OKERE & ANOR | CONSTITUTIONAL LAW – SUPERMACY OF THE CONSTITUTION:- Effect of any law or act that is inconsistent with the constitution |
ODU V. THE STATE | CONSTITUTIONAL LAW:- Legislation – Criminal Code, s.464(c), s.465 – Evidence Act, s.34 |
ODUOLA AND OTHERS. V. NABHAN AND OTHERS. | JURISPRUDENCE AND PUBLIC LAW:- Adversary system of jurisprudence – Right of litigant to attempt to destroy’ the case of the plaintiff through cross examination and then rest his case on the evidence led by the plaintiff – Need to afford such litigant opportunity to raise a ground of appeal on weight of evidence if contrary to his expectations judgment should be entered in favour of the plaintiff – Justification CONSTITUTIONAL LAW AND CIVIL RIGHTS:- Right of an aggrieved party to appeal as of right against final decisions in any civil proceedings before the High Court sitting at first instance on grounds of fact or law – Sections 220(1)(a) and 213(3) of the Constitution of the Federal Republic of Nigeria, 1979 – Whether can be limited by failure of party to give any evidence of fact during the proceedings complained of |
OFIM V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Extra-judicial lynching – Cult group dedicated to lynching of thieves without lawful trial by a court of law – Attitude of courts thereto |
OGAMIOBA V. OGHENE | CONSTITUTIONAL LAW:- Nigeria (Constitution) Order in Council, 1960, s. S.—Interpretation Ordinance, s. 14 (e). Interpretation of Statutes — Repeat — Effect on pending proceedings |
OGBU & ORS. V. URUM & ANOR. | CONSTITUTIONAL LAW:- Jurisdiction of Supreme Court – Constitutional and statutory basis – When it can invoke inherent jurisdiction to regulate proceedings – Whether section 6(6)(a) of the Constitution can be invoked for the exercise of jurisdiction to set aside an order of dismissal of an appeal for want of prosecution |
OGBU V. THE STATE | CONSTITUTIONAL LAW – FAIR HEARING:- Section 258(1) of the Constitution 1979 – Period of three months within which judgment must be delivered after address of counsel – Whether period can be extended by an intervening proceeding – Attitude of Supreme Court to such proceedings |
OGBUNYIYA AND OTHERS V. OKUDO AND OTHERS | CONSTITUTIONAL LAW:- Appointment as a Judge – Distinction between a ‘Judge’ and ‘Judge-designate’ – Prescribed Oath – Preclusion of judges under the Constitution from entry upon duties of a Judge before taking prescribed oaths – Whether has no effect on the operative date of their appointment as judges CONSTITUTIONAL LAW – JURISDICTION:- Jurisdiction of a judge promoted to a higher court to preside over matter in last station – Section 128 of the Constitution of the Federation No. 20 of 1963 as amended by section 1(c) of the Schedule to The Constitution (Amendment) (No. 2) Decree No. 42. of 1976 – Effect on validity of any judgment or order arising therefrom |
OGED OVUNWO & ANOR V. IHEANYICHUKWU WOKO & ORS. | CONSTITUTIONAL LAW – FAIR HEARING:- Effect of a breach of fair hearing on court proceedings |
OGHARU V. THE QUEEN | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life and Fair hearing – Extra-judicial lynching of a person accused of kidnapping and trafficking in child – Prosecution of killers – Attitude of Court thereto |
OGIDI AND ORS. V. THE STATE | CONSTITUTIONAL AND HUMAN RIGHTS LAW:- Fundamental rights – Right of accused to judgment of court – Section 36 (7), 1999 Constitution – How construed – Effect of failure to comply therewith CONSTITUTIONAL AND HUMAN RIGHTS LAW:- Fundamental rights – Section 36(6) (a) and (e), 1999 Constitution – Right to fair hearing – Right of accused person to be informed promptly in language he understands of nature of offence – Right to interpreter where accused cannot understand language used at trial |
OGUNBAYO V. THE STATE | CONSTITUTIONAL LAW:- Jurisdiction – Supreme Court – Section 233 (1) of the Constitution of the Federal Republic of Nigeria, 1999 – Competency of ground of appeal before the Supreme Court attacking decision of the High Court instead of Court of Appeal – Whether Supreme Court has jurisdiction to entertain same |
OJEGELE V. THE STATE | JURISPRUDENCE AND PUBLIC LAW:- Rules and Principles – Nature and character of – Distinction between – Proper treatment of by court in judgment |
OJUKWU V. OBASANJO | CONSTITUTIONAL LAW:- “Election” within the context of section 137(1)(6) of the 1999 Constitution – Meaning of |
OKAFOR V. NWEKE | CONSTITUTIONAL LAW AND JURISPRUDENCE – EXISTING LAW:- Duty of court to give effect to provisions of an existing law when invoked – Whether recognition of existing law amounts to pandering to technical justice |
OKPE URHOBO COMMUNITY, SAPELE V. CHIEF D.O. OGHENE & ORS | CONSTITUTIONAL LAW:- Interpretation of statues – Repeal of law and effect on pending proceedings |
OKON ETIM AKPAN V. THE STATE | CONSTITUTIONAL LAW:- Rule of Fair hearing – Presumption of innocence – Duty fo court thereto |
OLA V. ALAKA | CONSTITUTIONAL LAW:– Right of litigants to select counsel of their choice – Whether an integral part of the right to fair hearing |
OLADAPO V. THE STATE | CONSTITUTIONAL LAW:- Principle behind the concept of separation of powers |
OLUDOTUN OGUNBAYO V. THE STATE | CONSTITUTIONAL LAW:- Section 233 (1) of the Constitution of the Federal Republic of Nigeria, 1999 – Jurisdiction to hear appeal arising from the decision of any Court of Record which is not the Court of Appeal – Whether inheres or vest in the Supreme Court – Whether discretionary or mandatory |
OLUFEMI ADENIYI & ORS V. HERBERT ADEYINKA ADEOLU OYELEYE & ORS | CONSTITUTIONAL LAW:- Section 242 and 241 of the Constitution – Grounds of appeal and when leave is required to approach the Court of appeal |
OMOBUDE ONI V. MR. IMUETINYAN JOHNSON | CONSTITUTIONAL LAW – FAIR HEARING:- Rule against forcing into cases the principles of fair hearing |
ONAH V. THE STATE | JURISPRUDENCE AND PUBLIC LAW:- Criminal proceedings and law enforcement – Duty of Police to investigate to investigate crime properly, particularly those attracting capital punishment – Duty of prosecuting counsel from the Ministry of Justice to see to it that proper medical investigation is carried out on accused where Insanity is alleged before the trial of the case proceeds – Effect of failure thereto on justice administration |
ONI V. CADBURY NIGERIA PLC. | CONSTITUTIONAL LAW:- Section 251 (1, (e) of the I999 Constitution – Whether limits under the exclusive jurisdiction of the Federal High Court any matter arising from alleged non-observance of the Company and Allied Matters Act |
OSHAFUNMI V. ADEPOJU AND ANOR. | CONSTITUTIONAL LAW:- Concept of fair hearing- test of – Whether it exists in absolute terms- Effect of breach of- whether Appellant can complain of being denied fair hearing when he has been given opportunity to present his case to the Court and he failed to |
OSINUPEBI V. SAIBU | CONSTITUTIONAL LAW: Section 213 subsection (2)(a) of the Constitution of the Federal Republic of Nigeria 1979 – An appeal from the decision of the Federal Court of Appeal to the Supreme Court – Whether lies as of right only where the grounds of appeal involve questions of law alone JURISPRUDENCE AND PUBLIC LAW:- Equity as a rule of English Law – Whether has not become part of Yoruba Native Law and Custom, or indeed any native law and custom in the context of Nigeria – Effect |
OVIASU V. OVIASU | CONSTITUTIONAL LAW:- Fair hearing and the Rule of Publicity in judicial proceedings – Section 22 subsection 1 and 3 of the Constitution of the Federation of Nigeria, 1963 – Effect on matrimonial proceedings held in Judge’s Chambers or in camera |
OWOYEMI V. ADEKOYA | CONSTITUTIONAL LAW:- Constitution of the Federal Republic of Nigeria, 1979, section 258 – Amendment thereto by the Constitution (Suspension and Modification) Amendment Decree No. 17 of 1958 – Effect of on the requirement for court to deliver its judgment within 3 months from the conclusion of evidence and final addresses CONSTITUTIONAL LAW – Minister – Circumstances when can be said to perform a quasi-judicial function |
P.W.RESOURCES LTD & ANOR V. JAMES KPORAH & ANOR. | CONSTITUTIONAL LAW – DOCTRINE OF COVERING THE FIELD:- Where any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly- Whether the law made by the National Assembly shall prevail in all cases – Proper treatment of |
PAUL IYORPUU UNONGO V. APER AKU & ORS. | CONSTITUTIONAL LAW – CONSTITUTIONAL DEMOCRACY:- Nature of constitutional democracy with regards to protection of citizens right and fair trial CONSTITUTIONAL LAW – SEPARATION OF POWER:- Principle of separation of powers CONSTITUTIONAL LAW – FAIR HEARING:- Meaning – True test of |
PEOPLE DEMOCRATIC PARTY & ORS V. CHIEF (ENGR.) ADEBAYO DAYO & ANOR. | CONSTITUTIONAL LAW:- Right of litigant to change his Counsel at any time – Whether nothing in the provision of Order 11 of the Rules of Supreme Court court request that the learned Counsel who filed the Notice of appeal and the briefs must be the one to file a Notice of withdrawal |
PRINCE JOHN OKECHUKWU EMEKA V. LADY MARGERY OKADIGBO & ORS. | CONSTITUTIONAL LAW – FAIR HEARING:- Whether failure to hear and determine pending applications would amount to a denial of fair hearing and/or a miscarriage of justice – Whether ruling must be given on all pending motions |
PRINCE OLAGUNSOYE OYINLOLA V. CHIEF (ENGR.) ADEBAYO DAYO & ORS | CONSTITUTIONAL LAW:- Supremacy of the constitution – Whether vested and accrued rights of a person cannot be taken away by anybody, authority or Court without prior hearing |
PROF. STEVE TORKUMA UGBA & ANOR V. GABRIEL TORWUA SUSWAN & ORS | CONSTITUTIONAL LAW – DOCTRINE OF SEPARATION OF POWERS:- What the doctrine of separation of powers entails |
REV. KING V. THE STATE | CONSTITUTIONAL AND PUBLIC LAW – Competing constitutional rights and freedoms – Religious freedom and freedom of association – Whether they do not in any way derogate from the sanctity of life – Sanctity of human life – Whether extends to ‘sinners’ under religious organisations |
RT. HON. (DR.) OLISA IMEGWU V. MR. EUGENE UCHE OKOLOCHA & ORS. | CONSTITUTIONAL LAW:- Constitutional right of appeal – Whether can be denied or removed by any subsidiary Legislation other than the Constitution |
S & D CONSTRUCTION COMPANY LIMITED V. CHIEF BAYO AYOKU & ANOR. | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Breach – Burden of proof – On whom lies |
SAID AJAMI V. COMPTROLLER OF CUSTOMS | GOVERNMENT AND PUBLIC LAW – CUSTOMS:- Recovery of penalties for attempt to export legal tenders by section 22 (1) of the Exchange Control Ordinance, 1950, thereby contravening section 125 (1) of the Customs Ordinance (Cap. 48) – How treated |
SAIDU H. AHMED & ORS V. CENTRAL BANK OF NIGERIA | CONSTITUTIONAL AND PUBLIC LAW – FAIR HEARING – HEARING, JUDGMENT DELIVERY AND QUORUM OF COURT:- Provisions of Section 234 and 294 of the Constitution – Competence of superior appellate court in relation to quorum of its members – Distinction between quorum required for hearing of an appeal and quorum required for delivery of its decision – Requirement for decision of Supreme Court/Court of Appeal to be delivered in writing not later than ninety days after the conclusion of evidence and final addresses – Requirement to furnish all parties to the case or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof – Effect of non-compliance thereto CONSTITUTIONAL AND PUBLIC LAW:- Section 234 and 294 of the 1999 Constitution – Provision that the Supreme Court shall be duly constituted if it consists of not less than five Justices of the Supreme Court – Where lead judgment and only two concurrent judgment delivered on same day – Where copies of the remaining two judgments were not made available on that day – Whether affects the validity of the judgment – Whether the quorum of five, both at the hearing of the appeal and at the delivery of the lead judgment was satisfied |
SARAKI V. FEDERAL REPUBLIC OF NIGERIA | CONSTITUTIONAL LAW:- Interpretation Act – As an Act of the National Assembly, which has been incorporated by reference, into the Constitution – Legal implications CONSTITUTIONAL LAW:- Interpretation of the Constitution – Need for a court to avoid taking a narrow interpretation that would do violence to its provisions and fail to achieve the goal set by the Constitution – Where alternative constructions are equally open – Duty of court to adopt the construction that is consistent with the smooth working of the system, which the Constitution read as a whole has set out to regulate |
SENATOR ALOYSIUS ETUK & ORS. V. DR. ANNY T. ASIKPO & ORS. | CONSTITUTIONAL LAW:- Supremacy of the Nigerian constitution – Meaning and effect |
SERAH EKUNDAYO EZEKIEL v. ATTORNEY GENERAL OF THE FEDERATION | CONSTITUTIONAL LAW – POWER(S) OF THE ATTORNEY GENERAL: Wide powers of the Attorney General to institute court proceedings in any court of the Federation – Section 174 of the Constitution of the Federal Republic of Nigeria 1999 – Proper exercise or delegation thereof – Whether presupposes that all criminal prosecutions are under the Attorney General’s control, as he can institute, take over, continue or discontinue any criminal prosecution instituted by him or on his behalf, by any person or authority |
SHALLA V. THE STATE | CONSTITUTIONAL LAW – The Constitution: Supremacy of the Constitution – Section 1 (1) of the 1999 Constitution – Legal implications |
SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED V. CHIEF TIGBARA EDAMKUE & ORS | CONSTITUTIONAL LAW:- Section 234 of the 1979 Constitution (equivalent of 270 of the 1999 Section) – One State High Court for each of the 36 States – Whether divisions of a State High Court have co-ordinate jurisdiction |
SHINKAFI & ANOR V. ABDULAZEEZ ABUBAKAR YARI & ORS. | CONSTITUTIONAL LAW:- Qualification for election for the office of a Governor of any State of Nigeria – Whether comprehensively and exclusively covered in the Constitution to the exclusion of every other statute including the Electoral Act – Section 177 and 182 of the 1999 Constitution – Effect |
SIMON EDIBO V. STATE | CONSTITUTIONAL LAW:- Constitution: Effect of breach of constitutional provisions |
STAR DEEP WATER PETROLEUM LTD. & ORS V. A. I. C. LIMITED & ORS. | CONSTITUTIONAL LAW:- Competency of court – Court of Appeal – Section 247(1) and Section 294(2) of the Constitution of the Federal Republic of Nigeria, 1999 – Where a different panel of judges heard a case and a different panel gave the judgment on them – Validity of |
SOUTH TRUST BANK & ORS V. PHERANZY GAS LIMITED & ORS. | CONSTITUTIONAL LAW – JURISDICTION OF FEDERAL HIGH COURT OVER BANKING AND FINANCIAL INSTITUTIONS:- Section 251 Of The 1999 Constitution of the Federal Republic of Nigeria – Whether extends to transaction related to both project financing and export finance undertaken by foreign government through a Nigerian bank to support manufacturing activities in Nigeria |
SULE ANKA V. ABDULLAHI LOKOJA | CONSTITUTIONAL LAW:– State High Court – Unlimited jurisdiction of the State High Court under section 236 of 1979 constitution – Section 17(1) of High Court Law, Cap. 60 Laws of Sokoto State 1996 applicable in Zamfara State purporting to limit jurisdiction – Constitutionality of |
SUNDAY UGWA & ANOR V. HON. OJI LEKWAUWA & ANOR | CONSTITUTIONAL LAW – FAIR HEARING:- What the right entails – True test of fair hearing – Effect of a breach |
SUNNY TONGO AND HELEN TONGO V. COMMISSIONER OF POLICE | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Criminal Justice and Fair Hearing – Prosecution taking 23 years to get to the point of defence opening their case – Propriety thereof |
SYLVANUS EMEKA MADUBUIKE & ORS. V. ROMANUS ELOCHUKWU MADUBUIKE | COURT:- Federal courts – Purpose of various divisions of the federal high court – Whether orders made by the courts would be effective outside their territories |
TAHIR MAIGORO V. JIBRIN GARBA | CONSTITUTION LAW:– Section 213(1)-(3) of the 1979 Constitution of Nigeria – Scope and purport thereof with respect to grounds of appeal filed at the Supreme Court |
TAIYE OSHOBOJA V. ALHAJI SURAKATU AMIDA & ORS | PUBLIC LAW AND JURISPRUDENCE – PUBLIC POLICY:- Public interest in there being an end to litigation – Maxim: “interest Reipublicae ut sit finis litium” – Need for courts not only to discourage prolongation of a dispute, but also prolongation of litigation |
THE NGERIAN AIR FORCE V. EX-SQN LEADER M. O KAMALDEEN | |
THE REGISTERED TRUSTEES OF NACHPON & ORS. V. MEDICAL & HEALTH WORKERS UNION OF NIGERIA & ORS | CONSTITUTIONAL LAW – FUNDANMENTAL HUMAN RIGHTS – FREEDOM OF ASSOCIATION |
THE STATE V. IYABO ALBERT | CONSTITUTIONAL LAW:- Section 213(2) (a) of the Constitution – Criminal proceedings – Appeal to the Supreme Court as of right – Whether restricted to point of law |
THERHEMEN TARZOOR V. AGBOM A. AVINE & ORS. | INTERPRETATION OF STATUTE – INTERPRETATION OF THE PROVISIONS OF A STATUTE OR THE CONSTITUTION: Whether in the interpretation of the provisions of a statute or the constitution, the court must read together related provisions contained therein |
THE STATE V. IYABO ALBERT | CONSTITUTIONAL LAW:- Section 213(2) (a) of the Constitution – Criminal proceedings – Appeal to the Supreme Court as of right – Whether restricted to point of law |
TIMIPRE SYLVA V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Essence of – Meaning – Section 36 (1) of the constitution of the Federal Republic of Nigeria, 1999 – whether encompasses the twin pillars of justice, namely: “(a) Audi alteram partem (hear the other party). (b) Nemo judex in causa sua (no one should be a judge in his own cause.) – Whether a person can be said to have been given a fair hearing if he is not allowed to rely on the provision of an Act of Parliament as an answer to the case against him – Whether it is necessary for the Act to confer a right of defence on anyone |
TIPTOP INDUSTRIES LIMITED V. BABATUNDE PINHEIRO | CONSTITUTIONAL LAW:- Fair hearing – Importance and fundamental nature of – Application of doctrine of – Fair hearing and hearing within a reasonable time – Duty on court to balance the requirements thereof |
TONY ANOZIA V. MRS PATRICIA OKWUNWA NNANI & ANOR. | CONSTITUTIONAL LAW AND HUMAN RIGHTS – RIGHT TO PRIVACY – COURT ORDERED PATERNITY TEST:- Whether an adult can be compelled through the order of a Court to undergo a DNA test to prove his paternity – Conditions under which a child may be subjected to a paternity or DNA test |
TOTAL E & P NIGERIA LIMITED V. MR. NWANKWO EMMANUEL & ORS. | CONSTITUTIONAL LAW – RIGHT TO FAIR HEARING: Service of writ – Importance to fair hearing rights – Whether a party who fails/refuses to attend court or take part in the proceeding after being duly served with the originating process, can complain later that he was denied fair hearing |
TOTAL NIGERIA PLC. V. VICTORIA ISLAND & IKOYI RESIDENTS | CONSTITUTIONAL LAW:- Fair hearing as enshrined in section 36 of the 1999 Constitution – Meaning and nature of-Need for strict adherence thereto – Party who waives right under the rules to prepare for a case – Whether can complain of breach of fair hearing. |
UBAGU V. OKACHI | CONSTITUTIONAL LAW:- Legislation-Constitution. of the Federation, 1963, s.117(6)(a) |
UBUDU V. BULAMA ABDUL-RAZAK (2) | CONSTITUTIONAL LAW:- Judiciary – Sharia Court of Appeal- Jurisdiction – Section 277(2) Constitution of the Federal Republic of Nigeria, 1999 – Condition for exercise thereof – Relevant considerations – [Not Considered: Constitutionality of Islamic rule disinheriting child of a deceased parent due to membership of another religion other than Islam at time of parent’s death] |
UBWA V. TIV AREA TRADITIONAL COUNCIL | CONSTITUTIONAL LAW:- Court of Appeal – When deemed properly constituted |
UDE V. THE ATTORNEY GENERAL OF RIVERS STATE | CONSTITUTION LAW:– Fair hearing – Giving judgment against a party who had no notice of the hearing date – Whether amounts to a denial of fair hearing |
UDO AKPAN UDOFIA V. THE STATE | CONSTITUTIONAL LAW:– Right to representation – Fair hearing |
UDOFIA V. THE STATE | CONSTITUTIONAL LAW: Exemption from criminal liability – Foundation – Section 30(2)(a) of the 1979 Constitution of the-Federal Republic of Nigeria (and section 286 of the Criminal Code Cap 30 Laws of Eastern Nigeria) |
UHUNMWANGHO V. OKOJIE | JURISPRUDENCE AND PUBLIC LAW:- Customary Law characteristics – Dynamism and ability to evolve – Bini customary law as to land – Strict requirement and procedure for identification of land – Need to distinguish between lands in virgin/bush areas from those in layouts – Effect |
UKAEGBU V. ATTORNEY-GENERAL OF IMO STATE | CONSTITUTIONAL LAW – Reference under Section 259 of the 1979 Constitution – Establishment of a Private University – whether there is a right -Application of Section 36 of the Constitution -Effect of paragraphs 27, 28, 29 and 30 of Item L of the Concurrent Legislative List in 2nd Schedule -Effect of Sections 16 and 18 of the Constitution on Section 36 thereof – Meaning of “Medium for Dissemination of Information, Ideas and Opinions” – Examination of the joint Matriculation and Admission Board Act -Constitutionality of Sections 34 and 35 of Education Law of Into State in relation to Sections 36 and 41 of the 1979 Constitution – Duties of the Court when reference is made under Section 259 of the Constitution |
UKEJE V. UKEJE | CONSTITUTIONAL LAW – FUNDAMENTAL RIGHTS:- Validity of Igbo native law and custom which disentitles a female from inheriting in her late father’s estate |
UKPAI V. OKORO | CONSTITUTIONAL LAW:- Election petition -jurisdiction of High Court of a State – Implication of judicial Division – Consideration of Sections 236, 237, 238 and 239 of the 1979 Constitution and section 119 of the Electoral Act 1982 |
UKPE IBODO & ORS. V. IGUASI ENAROFIA & ORS. | JURISPRUDENCE AND PUBLIC LAW:- Nigerian Legal System – Evolution of Nigeria’s appellate court system – “In the past, appeals went from the old Supreme Courts (as the High Courts were then called) to the West African Court Appeal (briefly known as WACA) and from thence to the Privy Council in England. Later the West African court of appeal was broken up and the Federal Supreme Court was constituted for Nigeria to take the place of the said West African Court of Appeal but appeals still lay from the “Federal Supreme Court” to the Privy Council. Later still, the present Supreme Court was created as the final Court of Appeal for Nigeria and appeals to the Privy Council abolished. Appeals went from the High Courts to the new Supreme Court and ended there [as] the final appeal court from decisions of the High Courts…With the creation of the Federal Court of Appeal on 1st October, 1976 (Decree No. 43 of 1976) the position [changed]. The Court of Appeal [became] an intermediate court between the High Courts and the Supreme Court with the Supreme Court [being] in apposition with the old Privy Council” – Implication of history for rules and practices of the emergent Supreme Court |
UKPONG V. COMMISSIONER FOR FINANCE AND ECONOMIC DEVELOPMENT | CONSTITUTIONAL LAW – Appeal – Right of appeal -Appeal from decision of High Court in its appellate jurisdiction from decision of administrative agency – Whether requires leave of court. CONSTITUTIONAL LAW:- Right of appeal – Appeal from decision of High Court to Court of Appeal – When lies as of right – When requires leave – Failure to obtain leave where required – Effect on appeal – Sections 220 and 221 of the Constitution of the Federal Republic of Nigeria, 1979 |
UMANAH V. VICTOR ATTAH | CONSTITUTIONAL LAW:- Sections 246, 285 and 308 of the 1999 Constitution -Jurisdiction of Federal High Court to entertain or grant any relief against or touching upon or relating to matters arising out of an election petition – Suit to nullify election petition judgment obtained by bribing of election petition Chairman and members who had been investigated, indicted and dismissed for bribery on account of the petition – How treated |
UME V. EZECHI | CONSTITUTIONAL LAW:- Appeal to the Privy Council – When appeal lies from Federal Supreme Court |
UNIBIZ (NIG) LTD. V. COMMERCIAL BANK CREDIT LYONNAIS NIG LTD | CONSTITUTIONAL LAW:- Fundamental rights – Right to fair hearing under section 36(l) of the 1999 Constitution |
UNIILORIN V. OLUWADARE | CONSTITUTIONAL LAW:- Fundamental rights – Right to studentship – Whether guaranteed under the Constitution – Whether enforceable by Fundamental Rights (Enforcement Procedure) Rules. |
UNION BANK OF NIGERIA PLC. V. SOGUNRO | CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Detention of citizen/bank employee by Police in the course of investigation – Application via Originating Motion Ex-Parte at the High Court seeking the leave of that Court, to enforce fundamental right to personal liberty against bank and Police – Grant of leave of court to apply to enforce said Fundamental Right – How Properly treated |
UNION BANK OF NIGERIA LTD. V. EDIONSERI | CONSTITUTIONAL LAW:- Constitutional basis of court’s roles and jurisdiction – S.6, 1979 Constitution. |
UNITED BANK FOR AFRICA PLC V. JARGABA | |
UNITED BANK FOR AFRICA PLC. V. BTL INDUSTRIES LTD. | CONSTITUTIONAL LAW:-Jurisdiction of court in banking matters – Section 230(1)(d) of the Constitution of the Federal Republic of Nigeria, 1979 (as amended) – Proviso thereto – Purport of – Effect of on respective jurisdiction of Federal High Court and States High Court |
UNIVERSITY OF AGRICULTURE V. GRACE ELEYI JACK 2 | CONSTITUTIONAL LAW – FAIR HEARING:- To satisfy the rule of natural justice and fair hearing under S.33 of the 1979 Constitution – Need for a person likely to be affected directly by disciplinary proceeding to be given adequate notice of the allegation against him to enable him make a representation in his own defence – Whether necessary for allegation to be drafted in the form of a formal charge – Minimum requirement |
UNIVERSITY OF ILORIN & ANOR V. IDOWU OLUWADARE | CONSTITUTIONAL LAW – FUNDAMENTAL HUMAN RIGHT: Condition precedent to vest a court with jurisdiction where the claim is for fundamental human right |
UNIVERSITY OF ILORIN V. MR. A. I. ADENIRAN | CONSTITUTIONAL LAW – RETROACTIVE LAW:- Under what condition would a retroactive law be held to be unconstitutional |
UNIVERSITY OF ILORIN TEACHING HOSPITAL v MRS. THERESA AKILO | CONSTITUTIONAL LAW:- Jurisdiction of state High Court vis a vis Federal High Court – Whether every matter involving a federal body belongs exclusively within the jurisdiction of the Federal High Court – Section 230(1)(q) of the 1979 Constitution of the Federal Republic of Nigeria – |
USMAN MAGAJI V. MAIDOROWA MATARI | CONSTITUTIONAL LAW:– Jurisdiction of the Sharia Court of Appeal – Extent and scope of – Section 242 (2) c of the 1979 Constitution |
UWA V. THE STATE | CONSTITUTIONAL LAW:- Fair hearing – Validity of reckoning age of majority at the time of conviction instead of the time of committing the offence – Constitution of Federation (1963), s.22(7) – Interpretation thereof |
UZOKA V. GOVERNOR, E. R | CONSTITUTIONAL LAW – JUDICIAL PRECEDENT:- Lagunju v. Olubadan-in-Council (12 WACA 406) – Decision therein – Proper construction |
VALUE LINE SECURITIES INVESTMENT LIMITED V. OBUBOEGBUNAM J. ANAKWUBE | CONSTITUTIONAL LAW:- Constitutionality of Section 242 of the Investment and Securities Act- By purporting to oust the jurisdiction of a State High Court to entertain disputes arising under the Act in the light of Section 236 (1) of the 1979 Constitution [Section 272 of the 1999 Constitution of Nigeria] CONSTITUTIONAL LAW:- Superiority of a provision of the Constitution over any Act of the National Assembly – Implication for a provision of any Act which is inconsistent with the Constitution CONSTITUTIONAL LAW:- Whether the Investment and Securities Tribunal does not share or have concurrent jurisdiction with the Federal High Court over disputes under the Investment and Securities Act – Whether the State High Court has concurrent jurisdiction with the Investment and Securities Tribunal over disputes covered by or arising under the Investment and Securities Act – Jurisdiction of State High Court – Whether unlimited – Whether jurisdiction of the Federal High Court is limited to matters listed in 251 of the 1999 Constitution |
VINCENT OGUERI V. THE STATE | CONSTITUTIONAL LAW:– S. 35(4) of the Constitution of the Federal Republic of Nigeria, 1999 – Purport of |
VICTOR ONYEMAECHI OKOH V. THE STATE | CONSTITUTIONAL LAW:- Section 36 of the Constitution – Requirement that a person can only be charged for an 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 |
WEST AFRICAN EXAMINATION COUNCIL V. AKINKUNMI | CONSTITUTIONAL LAW:– Rules and regulations made under the WAEC Act – When in conflict with the 1999 Constitution and the African Charter on Human and Peoples’ Rights – Nullity of |
WILLIAMS V. MAEKODUNMI | CONSTITUTIONAL LAW:- Restriction Order – Emergency Powers (Restriction Orders) Regulations 1962 – Permission granted to applicant to leave place of restriction – Permission revoked because others in similar predicament demanded such concession – Validity of revocation CONSTITUTIONAL LAW:- Right to fair hearing – Section 21 of the 1960 Constitution – Right of counsel to appear for himself |
WIRI AND OTHERS. V. WUCHE AND OTHERS. | PUBLIC LAW & JURISPRUDENCE:- Jurisdiction of court and creation of new State in Nigeria – Nigerian Civil war and destruction of court records – Effects on ongoing cases – Transition provisions of statutes – How treated |
YANOR V. THE STATE | CONSTITUTIONAL LAW:- Federal: Constitution of the Federation 1963, s.22 (5) (b) – Fair hearing – Whether prejudiced when trial of accused person continued for one day when his lawyer was inexplicably absent |
YEROKUN V. ADELEKE | CONSTITUTIONAL LAW:- Nigeria (Constitution) Orders in Council, 1954 to 1959 |
ZAKARI GONI. V. THE STATE | CONSTITUTIONAL LAW:- Presumption of innocence of accused person – Principle of – Effect |
JUDGMENTS CONNECTED WITH NIGERIA – BY YEARS
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES