Principle Archive

Customary law is the organic or living law of the indigenous people. It is a question of fact to be proved by evidence or judicial notice…

If a nomination or selection is void (not in accordance with custom), nothing can stand on it, including any subsequent installation.

A declaratory relief is a discretionary remedy which will be refused where the plaintiff fails to establish his alleged entitlement to the satisfaction of the court.

Where a trial court fails to make findings on specific issues of fact and consequently fails to resolve issues that arise in the pleadings, the proper…

An order of retrial should not be made where it only serves the purpose of giving the losing party an opportunity to prove afresh what it…

If the original suit and the counter-claim arose out of the same set of facts or transactions, it is desirable to hear them together. If the…

Introducing a fresh cause of action that arose after the commencement of the suit is not an amendment; it is starting a new cause of action…

The ejusdem generis rule does not restrict "any other person who took part in the conduct of an election" to INEC officials only. It may include,…

The principle of audi alteram partem applies only where a person ought to be joined as a necessary party but is denied. It cannot apply to…

Section 133 of the Electoral Act does not require an unsuccessful candidate or his political party to be joined as a respondent. As a matter of…

The person whose election is complained of is the respondent. Additionally, an electoral officer, presiding officer, returning officer, or any other person who took part in…

The cause of action arises on the date of the occurrence complained of, not on the date of any prior declaration or event.