Principles – Page 127 – Nigerian LawCompass

5824 Principles 53 Areas of Law 26 Years Covered

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CONSTITUTIONAL LAW — Immunity of Public Officers — Governor’s Immunity from Suit — Whether Immunity Precludes Governor from Suing in Personal Capacity

Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC)

Constitutional Law Supreme Court

The prohibition contained in section 308 of the 1999 Constitution is rather against other parties and for the benefit of the respondent and others mentioned therein…

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CONSTITUTIONAL LAW — Interpretation of Constitution — Clear and Unambiguous Provisions — Literal Interpretation Required

Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC)

Constitutional Law Supreme Court

In the interpretation of the Constitution, the court is bound by the provisions of the Constitution. Where the provisions of the Constitution are clear and unambiguous,…

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CONSTITUTIONAL LAW — Immunity of Public Officers — Governor’s Right to Sue — Section 308 Does Not Create Disability

Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC)

Constitutional Law Supreme Court

I am unable to construe a provision of the Constitution that granted an immunity such as section 308(1) as also constituting a disability on the person…

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CONSTITUTIONAL LAW — Access to Court — Constitutional Right — Cannot Be Taken Away by Implication

Global Excellence Communication Limited & Ors v. Duke (2007) NLC-123-313-2006(SC)

Constitutional Law Supreme Court

Access to court is a constitutional right which can only be taken away by a clear provision in the Constitution. It cannot be taken away by…

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PUBLIC OFFICERS PROTECTION LAW — Limitation of Actions — Public Officers Protection Act — Action Commenced Outside Three-Month Period Is Statute-Barred and Robs Court of Jurisdiction

FRIN v. Gold (2007) NLC-123-40-2004(SC)

Supreme Court

The dismissal of the respondent having taken place in 1988, the respondent's cause of action arose three months thereafter, and not three years after. … the…

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CIVIL PROCEDURE — Limitation of Actions — Determination of Statute-Barred Claim — By Comparing Date of Wrong and Date of Filing Writ Without Oral Evidence

FRIN v. Gold (2007) NLC-123-40-2004(SC)

Civil Procedure Supreme Court

'A cause of action is said to be statute barred if in respect of it the proceedings cannot be brought because the period laid down by…

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LABOUR LAW — Retirement from Service — Public Officers (Special Provisions) Act — Appropriate Authority May Retire Officer Where General Conduct Shows Continued Employment Not in Public Interest

Maikyo v. Itodo & Ors (2007) NLC-123-242-2003(SC)

Labour Law Supreme Court

The disciplinary power conferred on the 'appropriate authority' in section 1 (1) of the Act can only be inflicted on those who commit any of the…

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JURISDICTION — Statute-Barred Action — Effect — Proceeding Commenced Without Jurisdiction Is a Nullity

FRIN v. Gold (2007) NLC-123-40-2004(SC)

Jurisdiction Supreme Court

A proceeding that emanated from a court without jurisdiction is one that never took place at all, because the court should not have entertained the suit,…

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CIVIL PROCEDURE — Jurisdiction — Territorial Jurisdiction — Cause of Action Arising Outside the Forum State

Capital Bancorp Limited v. Shelter Savings and Loans Limited & Anor (2007) NLC-123-27-2000(SC)

Civil Procedure Supreme Court

A cause of action arises where the wrongful act that gives the plaintiff a right to complain occurred. Where the gist of the action, such as…

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CRIMINAL PROCEDURE — Arraignment — Requirements for Valid Arraignment — Non-Compliance Not Fatal Where Accused Understands English

Dibie v. State (2007) NLC-123-103-2005(SC)

Criminal Procedure Supreme Court

Where the accused clearly understands English (as evidenced by their pleas, statements to police, and testimony in English), the arraignment is in compliance with the law,…

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EVIDENCE LAW — Contradictions — Material Contradiction vs. Mere Discrepancy — Minor Inconsistencies Not Fatal to Prosecution

Dibie v. State (2007) NLC-123-103-2005(SC)

Evidence Law Supreme Court

A material contradiction must go to a material point in the prosecution's case, as to create doubt in the case that the appellant is entitled to…

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CRIMINAL PROCEDURE — Arraignment — Reading and Explaining Charge — Where Accused Understands English, Omission to Record Satisfaction Not Fatal

Dibie v. State (2007) NLC-123-103-2005(SC)

Criminal Procedure Supreme Court

Where the accused understands the language of the court — English, it becomes unnecessary to record that fact. It is however, good practice to ask the…

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