Principle Archive - Nigerian LawCompass

5375 Principles 53 Areas of Law 26 Years Covered

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CONSTITUTIONAL LAW — Jurisdiction of State High Court — Section 272 of 1999 Constitution — Jurisdiction can only be curtailed by the Constitution itself, not by an Act of the National Assembly

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Constitutional Law Supreme Court

It is trite law that the jurisdiction of the State High Court as conferred by the Constitution can only be curtailed or abridged or even eroded…

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CONSTITUTIONAL LAW — Fundamental Rights — Section 40 — Right to peaceful assembly and association not absolute but subject to Section 45

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Constitutional Law Supreme Court

That is to say, the defendants/appellants' rights under Section 40 amongst other fundamental rights under the 1999 Constitution are not absolute. They have to be exercised…

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CIVIL PROCEDURE — Jurisdiction — Trade Disputes — Exclusive jurisdiction of National Industrial Court not engaged where no employer-employee relationship exists

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Civil Procedure Supreme Court

In my view compliance with the provisions of Section 47 (supra) is indispensable not only to making an industrial action qualify as a Trade dispute but…

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CIVIL PROCEDURE — Jurisdiction — Federal High Court — Subject matter and parties both relevant in determining jurisdiction under Section 251 of 1999 Constitution

National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC)

Civil Procedure Supreme Court

In construing Section 230(11) of the 1979 Constitution as amended, two important matters arise. They are the parties in the litigation as well as the subject…

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CIVIL PROCEDURE — Consolidation of Suits — Nature of Discretionary Power — When Granted

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Civil Procedure Supreme Court

Consolidation of suits is granted if a trial judge is satisfied that the issues in the suits can be resolved in one joint proceeding rather than…

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APPELLATE PRACTICE — Preliminary Objection — Notice in Respondent’s Brief — Validity of Procedure

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Appellate Practice Supreme Court

There is nothing wrong in the procedure where a respondent raises a preliminary objection to the appeal in their brief of argument, as the essence of…

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APPELLATE PRACTICE — Leave to Appeal — Grounds of Mixed Law and Fact — Requirement for Leave

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Appellate Practice Supreme Court

Grounds of appeal that are of facts or mixed law and fact require the leave of either the Court of Appeal or the Supreme Court before…

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APPELLATE PRACTICE — Grounds of Appeal — Classification — Mixed Law and Fact Christened as Error in Law

Okwuagbala & Ors v. Ikwueme & Ors (2010) NLC-123-226-2003(SC)

Appellate Practice Supreme Court

This court has in many decided cases classified the category of grounds of law or fact and although the line of distinction between law simpliciter and…

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