Principle Archive

The Court of Appeal went beyond the answer required for the first question referred to it by the Federal High Court. The questions as formulated did…

The power to make a law under the 1999 Constitution for the establishment of a Tribunal of Inquiry is now a residual power which only the…

Sections 5(d), 11(1)(b), 11(4), and 12(2) of the Tribunals of Inquiry Act are unconstitutional in that they empower a tribunal to impose a sentence of fine…

The 1999 Constitution has no provision for tribunals of inquiry as did the 1963 Constitution. The power to make laws for tribunals of inquiry is now…

If a court has no jurisdiction, all its proceedings are a nullity and any decision is void ab initio. The court should strike out the matter.

The repeal of an enactment shall not affect the previous operation of the enactment or anything duly done under it. Any legal proceeding or remedy may…

Being a published legal enactment or instrument, it was not necessary to plead it or tender it in court before a court can consider it.

By Decree No. 28 of 1970, the judgment of the Supreme Court (in Exhibit 2) was null and void. This revived Decree No. 45 of 1968…

Where an appellate court finds that a lower court had no jurisdiction to try a case, the proper order is to allow the appeal, strike out…

An employer has discretion to give a lesser punishment to an employee but has no discretion to give a higher punishment. Since termination is a lesser…

If upon considering the officer's representations, the Commission is of the opinion that the officer does not deserve to be dismissed but that the facts disclose…

Where a civil servant's appointment is terminated in accordance with the Civil Service Rules, the civil servant has no valid cause of action. He can only…