Legal Principles – Nigerian LawCompass

Constitutional Law Important

CONSTITUTIONAL LAW — State Creation — Succession to Assets and Liabilities — Liability for Projects Vests in State of Location

"I declare that by the guideline on the sharing of assets and liabilities as between the plaintiff and the defendant, the projects sited in each of the two States vest...

Constitutional Law Important

CONSTITUTIONAL LAW — Revenue Allocation — National Assembly’s Power to Prescribe Distribution of Federation Account

"Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and the Local Government Councils in each State on such terms...

Constitutional Law Important

CONSTITUTIONAL LAW — Legislative Judgment — Revenue Allocation Act Not a Legislative Judgment

"I accept the argument by the defendants' counsel, that based on the decision of this court in the following cases — Lakanmi & Anor. v. A-G. (West) (supra); Uwaifo v....

Constitutional Law Important

CONSTITUTIONAL LAW — Legislative Judgment — Attributes of Legislative Judgment Denoting Usurpation of Judicial Functions

"What is a Legislative Judgment? … It is an enactment by the legislature wearing the garb or having a colouration or flavour of a conviction (the legislature transmuting itself more...

Constitutional Law Important

CONSTITUTIONAL LAW — Interpretation of Statutes — Deemed Extension of Boundaries for Revenue Computation Only Not Cession of Territory

"A careful reading of section 1 subsection (1) of the Act shows that the extension deemed to have been given to the seaward boundary of the littoral states is specifically...

Constitutional Law Important

CONSTITUTIONAL LAW — International Law — International Conventions Apply to the Federation, Not Constituent States

"In a Federation, it applies to the Federation and not the constituent or Federating States that comprise the Federation. This is necessarily so, because international law applies to countries that...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Principle of Fair Hearing Fundamental and Absence Vitiates Proceedings

"There is no doubt at all that the principle of fair hearing is fundamental to all court procedure and proceedings, and like jurisdiction, the absence of it vitiates proceedings however...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Both Parties Must Be Given Opportunity to Present Their Cases Without Hindrance

"Fair hearing according to our law, envisages that both parties to a case be given an opportunity of presenting their respective cases without let or hindrance from the beginning to...

Constitutional Law Important

CONSTITUTIONAL LAW – Interpretation of Statutes – Scope of Protection Under Public Officers (Protection) Law

"The words 'any person' in section 2 of the Public Officers (Protection) Law, Cap. 111, Laws of Northern Nigeria, 1963, are clear and unambiguous. They are to be given their...

Constitutional Law Important

CONSTITUTIONAL LAW — Fundamental Rights — Section 33(6)(a) of the 1979 Constitution Distinguished from Arraignment Requirements

"Section 33(6)(a) of the 1979 Constitution essentially concerns the entitlement of a person to be informed promptly in the language that he understands and in detail of the nature of...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Right to Fair Trial — Effect of Consent to Irregular Procedure

"The appellant's right to fair hearing was not infringed since his counsel, who consented to the irregularity, had the opportunity to cross-examine the additional witnesses and no desire had been...

Constitutional Law Important

CONSTITUTIONAL LAW — Fundamental Rights — Prohibition of Discrimination in Chieftaincy Selection

"The sole reason advanced by the respondent in the candidature of the 2nd appellant is that he was a descendant of a slave. No sane person in our society having...