Principle Archive – Page 166 – Nigerian LawCompass

5473 Principles 53 Areas of Law 26 Years Covered

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ELECTION LAW — Qualification for Office — “Office” of President Under Section 137(1)(b) of 1999 Constitution Defined by Section 318 Thereof

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Election Law Supreme Court

Election to the office of the President as used in section 137(1)(b) of the 1999 Constitution relates to the office of the President of the Federal…

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ELECTION LAW — Qualification for Office — Meaning of “Election” Under Section 137(1)(b) of 1999 Constitution Distinguished from Military Appointment

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Election Law Supreme Court

The only method for electing a person to fill the office of the President of Nigeria is by the electoral process provided for in section 132…

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ELECTION LAW — Qualification for Office — Appointment Distinguished from Election

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Election Law Supreme Court

There are differences between appointment and election. Election is the result of voting. Appointment does not involve voting.

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ELECTION LAW — Presidential Election — Whole Federation Constitutes Single Constituency Under Section 132(4) of 1999 Constitution

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Election Law Supreme Court

For the purpose of an election to the office of President, the whole of the Federation shall be regarded as one constituency.

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CONSTITUTIONAL LAW — Constitutional Interpretation — Statute or Constitution Must Be Read as a Whole to Determine Legislative Intendment

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Constitutional Law Supreme Court

In interpreting the provisions or section of a statute or the Constitution, such provisions or section should not be read in isolation of the other parts.…

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CONSTITUTIONAL LAW — Constitutional Interpretation — Retrospective Operation of Statutes and Constitution Not Presumed Absent Clear Provision

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Constitutional Law Supreme Court

A Constitution like other statutes operates prospectively and not retrospectively unless it is expressly provided to be otherwise. Such legislation affects only rights which came into…

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CONSTITUTIONAL LAW — Constitutional Interpretation — Ouster of Jurisdiction Requires Express Words and Strict Construction

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Constitutional Law Supreme Court

Ouster of jurisdiction needs express words. A court is without power to import into the meaning of a word, clause, or section of a statute something…

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CONSTITUTIONAL LAW — Constitutional Interpretation — Every Clause of a Statute Must Be Construed with Reference to Context and Other Clauses

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Constitutional Law Supreme Court

Every clause of a statute should be construed with reference to the context and other clauses of the Act, so as, as far as possible, to…

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CONSTITUTIONAL LAW — Constitutional Interpretation — Clear and Unambiguous Constitutional Provisions Must Be Given Their Plain and Ordinary Meaning

Ojukwu v. Obasanjo & Ors (2004) NLC-1992003(SC)

Constitutional Law Supreme Court

In interpreting the provision of the Constitution, the language where clear and unambiguous must be given its plain evident meaning.

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LAND LAW — Trespass to Land — Requirement of Exclusive Possession to Maintain Action

Fagunwa & Anor v. Adibi & Ors (2004) NLC-1752000(SC)

Land Law Supreme Court

For a plaintiff to maintain an action for trespass, he must show that he is in exclusive possession, exclusive in the sense that he does not…

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LAND LAW — Declaration of Title to Land — Requirement to Ascertain Size and Boundaries of Land Claimed

Fagunwa & Anor v. Adibi & Ors (2004) NLC-1752000(SC)

Land Law Supreme Court

One of the prerequisites of succeeding in a claim for declaration of title is that the party claiming must ascertain the size of the parcel of…

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EVIDENCE LAW — Documentary Evidence — Duty of Trial Judge to Consider Relevant Exhibits

Fagunwa & Anor v. Adibi & Ors (2004) NLC-1752000(SC)

Evidence Law Supreme Court

A trial judge must consider relevant exhibits tendered before him along with oral evidence. He cannot take only the oral evidence and throw away documentary evidence…

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