Legal Principles – Nigerian LawCompass

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Suspension Pending Investigation Does Not Violate Fair Hearing

"The aim of suspending the student is to abort any likelihood of the threatened disturbing atmosphere snow balling into an uncontrollable situation. The University envisaged that they would set up...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Garba v. University of Maiduguri Distinguished on Expulsion Versus Suspension

"The celebrated case of Garba v. University of Maiduguri (Supra) is not intended to be a court-given licence and judicial umbrella to provide Students of unbridled, recalcitrant and impetuous behaviour...

Administrative Law Important

ADMINISTRATIVE LAW — Fair Hearing — Distinction Between Suspension and Expulsion in University Discipline

"In the circumstances, the situation in the instant appeal is diametrically different from that in Garba v. University of Maiduguri case (supra). In the Garba case, there was an outright...

Constitutional Law Important

ELECTION LAW — Election Petition — Grounds for Questioning Presidential Election Under Constitution Distinct from Electoral Act

"A presidential election petition can be presented based on the sole ground stated under section 239(1)(a) of the Constitution … A presidential election petition can also be presented on any...

Constitutional Law Important

CONSTITUTIONAL LAW — Jurisdiction of Court of Appeal — Original Jurisdiction Under Section 239(1) Limited to Specified Matters

"The original jurisdiction of the Court of Appeal under S.239(1) of 1999 Constitution is very clear. All other grievances outside that provision can only be justiciable in other courts recognised...

Constitutional Law Important

CONSTITUTIONAL LAW — Interpretation of Statutes — Ejusdem Generis Rule — Application to Section 66(1)(h) of the 1999 Constitution

"Another recognised canon of interpretation is the ejusdem generis rule which provides that where particular words are followed by general words, the general words are limited to the same kind...

Constitutional Law Important

CONSTITUTIONAL LAW — Interpretation of Constitution — Section 66(1)(h) of the 1999 Constitution — Strict Construction of Provisions Imposing Disability on Citizens

"Now, it is settled law that a statute which imposes a penalty on a citizen ought to be interpreted strictly: See Okure v. Federal Board of Inland Revenue (1974) 4...

Constitutional Law Important

CONSTITUTIONAL LAW — Election — Disqualification for Election under Section 66(1)(h) of the 1999 Constitution — Whether Decision of Local Government Election Tribunal Constitutes Indictment for Fraud

"The section ordains:— '66(1) No person shall be qualified for election to the Senate or the House of Representatives if — (h) he has been indicted for embezzlement or fraud...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — Audi Alteram Partem Requires Opportunity, Not Compelled Participation

"The principle that the other party must be heard … does not mean that he must be heard willy nilly. The rule of audi alteram partem means no more than...

Constitutional Law Important

CONSTITUTIONAL LAW — Prerogative of Mercy — Exercise Not Permitted Pending Final Determination of Appeal

"It needs to be stressed for future guidance that a person convicted for murder and sentenced to death by a High Court and whose appeal is dismissed by the Court...

Constitutional Law Important

CONSTITUTIONAL LAW — Interpretation of Constitutional Provisions — Section 224(1) of the 1979 Constitution — Meaning of “Question of Customary Law”

"A decision is held to be in respect of a question of customary law when the controversy involves a determination of what the relevant customary law is, and the application...

Constitutional Law Important

CONSTITUTIONAL LAW — Fair Hearing — The Principle of Audi Alteram Partem Requires Notice of Every Material Step

"Fair hearing also imposes some obligations on the tribunal or court hearing the parties' case, and fundamentally the court or tribunal should not take or hear evidence in a case...