HUMAN RIGHTS AND CIVIC RESPONSIBILITIES CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
| TITLE | MAIN ISSUES |
| A.-G, FEDERATION V. A.-G, IMO STATE & ORS. | CONSTITUTIONAL LAW AND CIVIC RIGHTS:- Right of citizens to vote in legislative elections – Constitutional basis – Role of electoral body established to give effect to same – Administrative Instructions issued by the national electoral body towards voters’ registration/revision exercise – Matters arising therefrom – Court with jurisdiction to hear same |
| ABOKOKUYANRO V. THE STATE | CONSTITUTIONAL LAW AND HUMAN RIGHTS – FAIR HEARING – PRESUMPTION OF INNOCENCE: Presumption of innocence in a criminal trial – Constitutional basis |
| ADENIYI V. GOV. COUNCIL, YABA COLLEGE OF TECHNOLOGY | |
| ADESANYA V. PRESIDENT OF NIGERIA AND ANOTHER |
CONSTITUTIONAL LAW AND CIVIL RIGHTS:- Citizens and defence of the sanctity of the Constitution – Locus standi – Need to interpret provisions relating to same as liberally as would aid justice CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Access to Court – Locus standi or standing to sue – As an aspect of justiciability – How determined – Effect and cost for party seeking to get his complaint before the High Court before he is allowed to ventilate the issues he wishes to have adjudicated |
| ADJEI AND ANOTHER V. THE KING | HUMAN RIGHT AND MEDIA LAW:- The crime of sedition and Right to freedom of Expression – Publication deemed Seditious — Criminal responsibility of Chairman and Managing Director of a newspaper with substantive editor with responsibility for published articles – Whether enough to show that defendant as Managing Director directly promoted and therefore authorised the publication of the newspaper |
| AHMED OLAYIWOLA V. THE STATE | |
| AKANNI V. THE QUEEN |
CONSTITUTIONAL LAW AND HUMAN RIGHTS – MOB ACTION/LYNCHING:- Right to life – Limit to Right to Freedom of Assembly and Expression – Lynching and Mob action– Burning of home of village chief as a means of expressing grievance by mob – Murder of aged mother of village Chief who was locked up in a room by mob – Failure of prosecution to prove case –Attitude of court thereto |
| HUMAN RIGHT – RIGHT TO USE OF NATURAL RESOURCES:- Invocation of natural law in asserting the inherent rights of all the inhabitants of a country to the use of the elements that are common to all – Tidal and navigable waterways for transportation and fishing – Nature of proof required to grant exclusive control to any group over such common resources to the detriment of fellow citizens | |
| AOKO V. FAGBEMI |
CONSTITUTIONAL LAW AND HUMAN RIGHTS: – Fundamental Human Rights — Section 21(10) of the Constitution of Federation of Nigeria, 1960 – Fair hearing – Right not to be convicted for an offence unknown under a written law – Propriety of prosecuting a woman for the offence of adultery in Nigeria |
| HUMAN AND CONSTITUTIONAL RIGHTS:- Fair Hearing – Trial Judge descending into the arena by stating he will not believe the evidence of witness right from the commencement of her testimony – Judge failing to give judgment on a case until 7 months from the date of the final addresses thereby loosing impressions of witnesses and evidence – Whether runs foul of fair hearing rights of parties – Effect | |
| ATTORNEY-GENERAL V. PRINCE ERNEST AUGUSTUS OF HANOVER |
CONSTITUTIONAL LAW AND HUMAN RIGHT: – Nationality – Naturalization – Statutory naturalization |
| POLICY AND HUMAN RIGHTS:- Sex change and human rights – Whether to be based on some objective, publicly available criteria by which gender reassignment is to be assessed or subjective/psychological ones –
POLICY AND HUMAN RIGHTS:-Marriage and its legal consequences in many directions: housing and residential security of tenure, social security benefits, citizenship and immigration, taxation, pensions, inheritance, life insurance policies, criminal law (bigamy), education, child care, occupational qualifications, criminal law (gender-specific offences), prison regulations, sport, the needs of decency, and birth certificates – Implications for law reform INTERNATIONAL LAW AND HUMAN RIGHTS:- European Union and United Kingdom – Marriage – Trans-sexual person – Gender and Sex change – Validity of national statute [section 11(c) of the Matrimonial Causes Act 1973] requiring biological males and females for the purposes of marriage vis a vis the provisions of Articles 8 and 12 of the European Convention on Human Rights – Whether incompatible – Implications for convention obligation to fair treatment of every person by the laws or practices of member countries of the European Union – Ability to pursue claim for sexual harassment in an employment tribunal – Eligibility for state pension at the age of entitlement for assigned/preferred sex – Freedom to pay car insurance premiums applicable to preferred sex, etc. – Relevant considerations |
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| DAVID INNEH V. IGUMA ARUEGBON |
HUMAN RIGHT:- Right to Liberty of woman – Arrest of woman with the Police to facilitate her presence in a place where her estranged husband can exert dominion over her – Attitude of Court thereto] |
| 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 | |
| EZEKIEL ADEKUNLE V. THE STATE |
HUMAN RIGHTS – RIGHT TO LIFE AND DIGNITY OF THE HUMAN PERSON – LYNCHING/MOB-KILLING:- Assaulting/Stoning of an aged woman to death for alleged witchcraft – Attitude of court thereto – How treated |
| FAHM V. CHAIRMAN, L.E.D.B. |
CONSTITUTIONAL 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 |
| 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 | |
| GARBA & OTHERS V. UNIVERSITY OF MAIDUGURI |
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