Principles – Page 275 – Nigerian LawCompass

5827 Principles 53 Areas of Law 26 Years Covered

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CIVIL PROCEDURE — Jurisdiction — Threshold Issue — Court must determine jurisdiction before any further step

Ayman Enterprises Limited v. Akuma Industries Limited (2003) NLC-1161999(SC)

Civil Procedure Supreme Court

The issue of jurisdiction, being the threshold to any action in court, must be looked into first, because any proceedings of court in the absence of…

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CONSTITUTIONAL LAW — Office of Attorney-General — Corporation Sole — Perpetual succession of office distinct from incumbent

A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC)

Constitutional Law Supreme Court

The office of the Attorney-General, being a creation of the Constitution, is a legal person known to law. The office is different and distinct from the…

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CIVIL PROCEDURE — Preliminary Objection — When supporting affidavit required

A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC)

Civil Procedure Supreme Court

A preliminary objection deals strictly with law and generally requires no supporting affidavit. However, if it leaves the exclusive domain of law and flirts with the…

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APPELLATE PRACTICE — Live Issues — Necessity of actual controversy between parties for court to assume jurisdiction

A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC)

Appellate Practice Supreme Court

There must exist between the parties a matter in actual controversy which the court is called upon to decide as a living issue. Courts have no…

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APPELLATE PRACTICE — Academic Appeals — Live Issues — When an appeal becomes academic and should not be entertained by the court

A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC)

Appellate Practice Supreme Court

Courts do not embark on academic exercises because they are not academic institutions. The general principle is that the outcome of litigation by way of judgment…

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CONSTITUTIONAL LAW — Transitional Provisions — Section 315 — Relationship with Doctrine of Separation of Powers

A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC)

Constitutional Law Supreme Court

The Constitution enshrines separation of powers in Sections 4, 5, and 6, but also enacts Section 315 as a transitional provision to avoid lacunae in governance.…

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CONSTITUTIONAL LAW — Separation of Powers — Executive Legislative Power — President’s Power to Modify Existing Laws Under Section 315

A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC)

Constitutional Law Supreme Court

The power given to the President and State Governors under Section 315 of the Constitution to modify existing laws is not an abuse of the doctrine…

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CONSTITUTIONAL LAW — Revenue Allocation — Section 162(3) — Distribution Only to Three Tiers of Government

A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC)

Constitutional Law Supreme Court

Section 162(3) of the 1999 Constitution requires that only the three tiers of government—Federal Government, State Governments, and Local Government Councils—shall be the first-line beneficiaries of…

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CONSTITUTIONAL LAW — Constitutional Interpretation — Modification Under Section 315(4)(c) — Meaning Includes Addition, Alteration, Omission or Repeal

A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC)

Constitutional Law Supreme Court

The word "modification" in the Constitution includes addition, alteration, omission, or repeal. The President's power under Section 315(2) to modify existing laws goes beyond mere "dotting…

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JUDGMENTS AND ORDERS — Contempt of Court — Legal Consequence of Disobedience

A.G., Ekiti State & Ors v. Daramola & Ors (2003) NLC-1002000(SC)

Judgments and Orders Supreme Court

It is wrong to say that an act done in disobedience of a court order is an illegality. "Illegality" connotes an infraction of law as contradistinguished…

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CIVIL PROCEDURE — Reliefs — Granting of Unclaimed Reliefs

A.G., Ekiti State & Ors v. Daramola & Ors (2003) NLC-1002000(SC)

Civil Procedure Supreme Court

It is trite law that the court is without the power to award to a claimant that which he did not claim.

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CIVIL PROCEDURE — Locus Standi — Proof of Membership in a Ruling House as a Precondition to Challenging Chieftaincy Nomination

A.G., Ekiti State & Ors v. Daramola & Ors (2003) NLC-1002000(SC)

Civil Procedure Supreme Court

When a plaintiff is found not to have standing to sue, the question whether other issues in the case had been properly determined or not does…

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