Principle Archive – Page 201 – Nigerian LawCompass (NLC)

5473 Principles 53 Areas of Law 26 Years Covered

Standard

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

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Constitutional Law Supreme Court

A statute that imposes a penalty on a citizen ought to be interpreted strictly. Section 66(1) of the 1999 Constitution denies citizens the right to contest…

Standard

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

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Constitutional Law Supreme Court

Section 66(1)(h) of the 1999 Constitution disqualifies a person indicted for embezzlement or fraud by a judicial commission, administrative panel, or tribunal set up to investigate…

Standard

APPELLATE PRACTICE — Unappealed Findings — Conclusive and Binding Effect

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Appellate Practice Supreme Court

It is trite law that a finding against which there is no appeal remains binding and conclusive.

Standard

APPELLATE PRACTICE — Misdirection — When Misdirection Will Lead to Allowance of Appeal

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Appellate Practice Supreme Court

It is not in all cases that a misdirection leads to allowing an appeal. A misdirection that does not lead to a miscarriage of justice is…

Standard

APPELLATE PRACTICE — Issues for Determination — Duty of Court to Consider All Issues — Exception Where Issues Are Subsumed

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Appellate Practice Supreme Court

When a party submits an issue for determination, the court must make a pronouncement on that issue except where the issue is subsumed in another issue.…

Standard

LEGAL PRACTITIONERS — Duties of Legal Practitioners — Counsel’s Conduct of Case Binding on Client

Ibori v. Agbi & Ors (2004) NLC-972003(SC)

Professional Ethics Supreme Court

Where counsel adopts a procedure for the prosecution of a case that he thinks would be advantageous to his client, and that procedure turns out negatively,…

Standard

APPELLATE PRACTICE — Grounds of Appeal — Validity of Ground Alleging Both Misdirection and Error in Law — Test of Preciseness and Clarity

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Appellate Practice Supreme Court

What is important in a ground of appeal is whether it shows clearly what is complained of as error in law and what is complained of…

Standard

APPELLATE PRACTICE — Academic Questions — Courts Will Not Entertain Hypothetical or Academic Matters

Okotie-Eboh v. Manager & Ors (2004) NLC-1972003(SC)

Appellate Practice Supreme Court

Courts of law are not established to deal with hypothetical and academic questions; rather, they are established to deal with matters in difference between the parties.

Standard

EVIDENCE LAW — Burden of Proof — Party Asserting Must Prove Identity of Convicted Person

Ibori v. Agbi & Ors (2004) NLC-972003(SC)

Evidence Law Supreme Court

It is not enough to prove that a person by a certain name has been convicted. For this to be relevant, that person must specifically be…

Standard

EVIDENCE LAW — Admissibility of Evidence — Consent to Admission of Document Estops Party from Later Objecting

Ibori v. Agbi & Ors (2004) NLC-972003(SC)

Evidence Law Supreme Court

A document may be inadmissible, but the parties can consent to its admission. Once this happens, none of the parties will be allowed to resile from…

Standard

CRIMINAL PROCEDURE — Jurisdiction — Distinction Between Lack of Jurisdiction and Irregular Exercise of Jurisdiction

Ibori v. Agbi & Ors (2004) NLC-972003(SC)

Criminal Procedure Supreme Court

There is a distinction between an order a court is not competent to make (lack of jurisdiction) and an order that, even if erroneous, is within…

Standard

CIVIL PROCEDURE — Issue Formulation — Consent of Parties to Determination of Preliminary Issue Binding

Ibori v. Agbi & Ors (2004) NLC-972003(SC)

Civil Procedure Supreme Court

Where parties consent to a particular issue being determined as a preliminary issue, they are bound by that approach and cannot later resile from it. The…

Previous 1 … 199 200 201 202 203 … 457 Next