Principle Archive

A decision is on a question of customary law when it involves determining what the relevant customary law is and applying it. Where parties agree on…

Section 224(1) of the 1979 Constitution confers a right of appeal as of right on questions of customary law. It does not provide for appeal with…

An omnibus ground dealing purely with facts and weight of evidence is not a question of customary law. There cannot be an appeal as of right…

The conditions in section 222 are not exhaustive. The National Assembly may enact laws that add to or edify the conditions, as long as they are…

Recognition, registration, and eligibility are distinct concepts. Registration is the process of recording existence and providing evidence of compliance with section 222. The power to register…

Where the Constitution exhaustively enacts conditions for doing a thing, no legislation can alter those conditions unless the Constitution itself expressly authorises it. The National Assembly…

Where guidelines or provisions impose substantive conditions for eligibility beyond those prescribed by section 222 of the Constitution, they are void, even if described as requirements…

Section 40 of the 1999 Constitution gives every person, including civil servants, the freedom to associate and belong to any political party. The section makes no…

Under Section 179(2) of the Criminal Procedure Law, a trial court may reduce a charge of murder to manslaughter. Manslaughter is an unintentional killing, not pre-meditated…

Stabbing a victim in a fragile part of the body such as the heart clearly indicates an intention to cause grievous injury, which is sufficient for…

Not every contradiction will upset a trial court's judgment. For a contradiction to warrant interference, it must be of such magnitude that it warrants interference with…

For the defence of self-defence to be available, the accused must face imminent apprehension of death or grievous harm from his victim.