Legal Principles – Nigerian LawCompass

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Right to Be Heard – Opportunity Must Be Given Before Decision

"To be given an opportunity of being heard before a decision is made against him is a fundamental principle of justice that pre-dated our Constitution. A person given such an...

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Substance of Rule Not Technical Doctrine

"For the rule of fair hearing is not a technical doctrine. It is one of substance. The question is not whether injustice has been done because of lack of hearing....

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Breach of Constitutional Provision – Effect on Judgment

"Any judgment or ruling based on breach of the constitutional provision of fair hearing as provided in section 33(1) of the Constitution of the Federal Republic of Nigeria, 1979 will...

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Audi Alteram Partem Rule – Necessity of Notice of Hearing

"Each party to a dispute before a court of law or any other tribunal must be given fair hearing not only to allow each to state his own case in...

Constitutional Law Important

CONSTITUTIONAL LAW – State Creation – Successor States – Joint Ownership of Unvested Assets

"When the composition of the community comprising a state changes as fundamentally as in this case by a redefinition of the areas comprising the state, it will be legalism carried...

Constitutional Law Important

CONSTITUTIONAL LAW – State Creation – Assets Not Covered by Vesting Provision – Devolution of Property

"Properties not mentioned in section 7(1) belonging to the former Ondo State are not vested in the new Ondo State or Ekiti State. Their devolution was not provided for in...

Constitutional Law Important

CONSTITUTIONAL LAW – State Creation – States (Creation and Transitional Provisions) Decree No. 36 of 1996 – Section 7(1) – Properties Vested in Ekiti State

"Section 7(1) vested properties described in it in Ekiti State, but it did not vest any property in Ondo State. It was in this wise that, in strict terms, the...

Constitutional Law Important

CONSTITUTIONAL LAW – Contracting Out vs Contracting In – Distinction

"The case before us here is not that of 'contracting out' but rather that of 'contracting in'. Section 7(1) vests no property in the plaintiff anywhere and it will be...

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Failure to Consider One of Many Contentions

"Not considering one of the many contentions of a party in a case cannot by itself constitute a denial of fair hearing. A denial of fair hearing connotes a refusal...

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Judge Proceeding in Absence of Prosecuting Counsel – Whether Constitutes Breach of Fair Hearing

"The prosecution closed its case on 19/9/90... On 24 - 10- 90, the accused and his counsel were present. The prosecuting counsel was absent and there was no information to...

Constitutional Law Important

CONSTITUTIONAL LAW – Military Decrees – Ouster of Jurisdiction – Effect

"Similarly, as in military regimes, decrees of the Federal Military Government clearly oust the court's jurisdiction, there is no dancing round the issue to found jurisdiction that has been taken...

Constitutional Law Important

CONSTITUTIONAL LAW – Fair Hearing – Application to Persons Likely to Be Affected – Non-Parties Cannot Be Bound Without Hearing

"There can be no clearer infringement of the constitutional protection of fair hearing in section 36 of the Constitution 1999 than what has been suggested by Mr. Olufon — that...