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Principle Archive

5473 Principles 53 Areas of Law 26 Years Covered

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CRIMINAL PROCEDURE — Retrial — Principles Governing Exercise of Power to Order Retrial

The Chief of Air Staff & Ors v. Iyen (2005) NLC-123-217-2002(SC)

Criminal Procedure Supreme Court

Before ordering a retrial, the court must be satisfied: (a) the error or irregularity did not render the trial a nullity and the court cannot say…

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CRIMINAL PROCEDURE — Trial — Jurisdiction — Conviction by Court Lacking Jurisdiction Cannot Sustain Plea of Autrefois Acquit

The Chief of Air Staff & Ors v. Iyen (2005) NLC-123-217-2002(SC)

Criminal Procedure Supreme Court

A decision given by a tribunal or court without jurisdiction is a nullity. Under section 36(9) of the 1999 Constitution, it is a conviction or acquittal…

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CRIMINAL PROCEDURE — Trial — Order of Discharge Not Acquittal Where Trial Is a Nullity

The Chief of Air Staff & Ors v. Iyen (2005) NLC-123-217-2002(SC)

Criminal Procedure Supreme Court

The court below having held that the trial of the respondent was a nullity, was wrong to have ordered that the respondent be discharged and acquitted.…

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CRIMINAL PROCEDURE — Trial — Effect of Trial Declared a Nullity on Retrial Order

The Chief of Air Staff & Ors v. Iyen (2005) NLC-123-217-2002(SC)

Criminal Procedure Supreme Court

This is not a situation where a verdict of acquittal may be entered when the trial is declared a nullity. Since the GCM had no jurisdiction,…

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APPELLATE PRACTICE — Right of Appeal — Prohibition Under Section 220(2)(a) Is Absolute and Admits No Exception for Nullity

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Appellate Practice Supreme Court

Section 220(2)(a) of the 1979 Constitution is clear: there is no right to appeal in the instances mentioned. Bringing in section 221 or section 220(1)(b) would…

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CONSTITUTIONAL LAW — Federation Account — Federal Government Holds Revenue as Trustee for States with Duty to Render Account

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Constitutional Law Supreme Court

It is the duty of a trustee to keep a proper account of the trust he administers. The beneficiary has a right to call upon the…

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DAMAGES AND REMEDIES — Quantum of Damages — Court May Award Less Than Claimed but Not More

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Damages and Remedies Supreme Court

While a court cannot award more than what a plaintiff claims, it can award less.

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LAND LAW — Boundary Disputes — Status Quo at State Creation Determines Boundary of Disputed Communities

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Land Law Supreme Court

It is in the interest of both parties that the status quo as at the time the two states were created be maintained. That position is…

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JURISDICTION — Original Jurisdiction of Supreme Court — Concurrent Jurisdiction with NBC Does Not Oust Court’s Power

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Supreme Court

Under section 3 of the NBC Act, the functions of the NBC do not oust the Supreme Court's original jurisdiction. A boundary can be proved by…

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CIVIL PROCEDURE — Counter-Claim — Counter-Claim Not Against Plaintiff Must Be Struck Out as Incompetent

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Civil Procedure Supreme Court

A counter-claim is a claim by the defendant against the plaintiff's claim. Where paragraphs of a counter-claim do not refer to the plaintiff, they are incompetent.

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CONSTITUTIONAL LAW — Original Jurisdiction of Supreme Court — Dispute Between States Not Premature by Pendency Before National Boundary Commission

A.G., Cross River State v. A.G., Federation & Anor (2005) NLC-123-124-1999(SC)

Constitutional Law Supreme Court

Before invoking the Supreme Court's original jurisdiction in a boundary dispute between states, it cannot be suggested that the National Boundary Commission should have determined the…

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APPELLATE PRACTICE — Right of Appeal — Right of Appeal Is Statutory and Must Be Derived from Constitution or Statute

Ekulo Farms Ltd & Anor v. Union Bank of Nigeria Plc (2006) NLC-123-306-2001(SC)

Appellate Practice Supreme Court

The right of appeal is created by statute or the Constitution, and no court has jurisdiction to hear any appeal unless it is derived from a…

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