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NIGERIAN HUMAN RIGHTS & CIVIL LAW JUDGMENTS [POLICY, PRACTICE, & PUBLISHING LAW REPORTS]

Constitutional Rights & Civil Liberties  -  International Human Rights  -  Community Rights  -  Asylum & Immigration  - Police Brutality  -  Disability Laws  -  Wrongful Detention  -  Press Freedom  - Human Rights Advocacy  -  Women & Children Matters  -  Hawkers & Slum Dwellers Protection   -  Prisoners' Rights

TITLE

MAIN ISSUES

A.-G, FEDERATION V. A.-G, IMO STATE & ORS.

CONSTITUTIONAL LAW AND CIVIC RIGHTS:- Right of citizens to vote in legislative elections – Constitutional basis – Role of electoral body established to give effect to same - Administrative Instructions issued by the national electoral body towards voters’ registration/revision exercise – Matters arising therefrom – Court with jurisdiction to hear same

ABDUL GAFAR V. THE GOVERNMENT OF KWARA STATE

FUNDAMENTAL RIGHTS:- Enforcement of Fundamental rights - Action therefor - Jurisdiction of court to entertain - Condition  precedent thereto

FUNDAMENTAL RIGHTS:- Enforcement of fundamental rights - Federal High Court - State High Court - Concurrent jurisdiction of in matters dealing with enforcement of fundamental rights

ABDULLAHI BAlDO V. SIKIRU USMAN

FAIR HEARING:- Undefended list procedure - Refusal to grant leave to the defendant to defend - Effect of - Whether can amount to breach of right to fair hearing

ABIA STATE UNIVERSITY V. ANYAIBE(CA

FUNDAMENTAL RIGHTS:- Fundamental Rights (Enforcement Procedure) Rules, 1979 made pursuant to section 42 of the 1979 Constitution - Statutes and Constitutional force of vis-à-vis other laws of the land

FUNDAMENTAL RIGHTS:- Action for enforcement of fundamental rights - Nature of - Duty on party bringing to adhere strictly to the provisions of the Fundamental Rights (Enforcement Procedure) Rules, 1979

ACHEBE V. NWOSU

CONSTITUTIONAL LAW AND HUMAN RIGHTS - FUNDAMENTAL RIGHTS:– Categories of under the Nigerian Constitution

CONSTITUTIONAL LAW AND HUMAN RIGHTS - FUNDAMENTAL RIGHTS – Fundamental Rights (Enforcement Procedure) Rules – Whether applicable to actions relating to declaration of title to land.

CONSTITUTIONAL LAW AND HUMAN RIGHTS - FUNDAMENTAL RIGHTS – Fundamental Rights (Enforcement Procedure) Rules – Competence of an action brought under the rules when the main or principal claim is the enforcement of fundamental rights – Procedure for instituting an action when fundamental right is ancilliary or incidental to the main claim

ADEGBENRO V. A.G., FED. (NO.1)

 

ADEREMI ADEDAMOLA AJIDAHUN  V. MRS. DAPHINE OTERI AJIDAHUN

CONSTITUTIONAL LAW AND HUMAN RIGHTS - FAIR HEARING:– Essence and fundamental nature of – Implication for judicial proceedings where not observed – Default judgment – When default judgment based on the undefended and uncontradicted evidence of plaintiff may deemed not to be in breach of fair hearing

CONSTITUTIONAL LAW AND HUMAN RIGHTS– FAIR HEARING:- Issue of Service of court processes – Whether fundamental to the jurisdiction of the Court – Where there is no proof of no proper service  - Whether renders action as improperly constituted and deprives Court of jurisdiction to entertain action

ADESANYA V. PRESIDENT OF NIGERIA AND ANOTHER

CONSTITUTIONAL LAW AND CIVIL RIGHTS:- Citizens and defence of the sanctity of the Constitution – Locus standi – Need to interpret provisions relating to same as liberally as would aid justice 

CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Access to Court - Locus standi or standing to sue - As an aspect of justiciability – How determined – Effect and cost for party seeking to get his complaint before the High Court before he is allowed to ventilate the issues he wishes to have adjudicated

ADJEI AND ANOTHER V. THE KING

HUMAN RIGHT AND MEDIA LAW:- The crime of sedition and Right to freedom of  Expression – Publication deemed Seditious  — Criminal responsibility of Chairman and Managing Director of a newspaper with substantive editor with responsibility for published articles – Whether enough to show that defendant as Managing Director directly promoted and therefore authorised the publication of the newspaper

AHMED OLAYIWOLA  V. THE STATE

 

AJISEFINI V. THE QUEEN

CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Right to Life and Fair Hearing - Dispute over paternity of child where no valid marriage exist – Murder arising therefrom – How treated

CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Police action - Role of police in extra-judicial enforcement of claims – Murder arising therefrom – How treated

AKANNI V. THE QUEEN

CONSTITUTIONAL LAW AND HUMAN RIGHTS – MOB ACTION/LYNCHING:- Right to life – Limit to Right to Freedom of Assembly and Expression – Lynching and Mob action– Burning of home of village chief as a means of expressing grievance by mob – Murder of aged mother of village Chief who was locked up in a room by mob – Failure of prosecution to prove case –Attitude of court thereto

AKULEGA V. BENUE STATE  CIVIL SERVICE COMMISSION

HUMAN RIGHTS – Fundamental rights – Duty of court to ensure that they are not whittled down except as allowed by the Constitution

ALEXANDER MADIEBO  V. GODWIN NWACHUKWU NWANKWO

FUNDAMENTAL RIGHTS:– Breach of fundamental right arising from separate dispute – Whether can be treated as a principal relief – decision in Minister of Internal Affairs v. Shugaba (1982) 3 NCLR 915 considered and applied

FUNDAMENTAL RIGHTS:– Fundamental rights application – Jurisdiction of High Court – How determined.

ALHAJI UMARU ABBA TUKUR V. THE GOVERNMENT OF GONGOLA STATE

 

ALRAINE SHIPPING NIGERIA LTD V. EQUATORIAL TRUST BANK LTD

FAIR HEARING:– Principle of fair hearing – Court Orders & proceedings - Need to comply with same by putting the other party on notice when the orders to be made against him would have a far reaching consequence

AMALA V. STATE

CONSTITUTIONAL LAW AND HUMAN RIGHTS:- Section 33(6)(a) of the 1979 Constitution – Essence – Whether entitlement of a person to be informed promptly in the language that he understands and in detail of the nature of the criminal offence with which he is being charged – Whether has nothing to do with the arraignment or plea of an accused person before a trial court which is fully covered by section 215 of the Criminal Procedure Act

AMOO V. ALABI

FUNDAMENTAL RIGHTS:- Fair hearing - Breach of fundamental rights provisions - Effect on subsequent acts.

AOKO V. FAGBEMI

CONSTITUTIONAL LAW AND HUMAN RIGHTS: - Fundamental Human Rights — Section 21(10) of the Constitution of Federation of Nigeria, 1960 - Fair hearing – Right not to be convicted for an offence unknown under a written law – Propriety of prosecuting a woman for the offence of adultery in Nigeria

ARBICO NIGERIA LIMITED V. NIGERIA MACHINE TOOLS LIMITED

FAIR HEARING – Allegations of crime – whether a panel of inquiry has jurisdiction to investigate same – Section 33(4) of 1979 Constitution considered.

AROYEWUN V. ADEDIRAN

HUMAN AND CONSTITUTIONAL RIGHTS:- Fair Hearing – Trial Judge descending into the arena by stating he will not believe the evidence of witness right from the commencement of her testimony – Judge failing to give judgment on a case until 7 months from the date of the final addresses thereby loosing impressions of witnesses and evidence – Whether runs foul of fair hearing rights of parties - Effect

ARU ABBA TUKU GOVERNMENT OF GONGOLA STATE V. ALHAJI UMR

 

ATTORNEY-GENERAL V. PRINCE ERNEST AUGUSTUS OF HANOVER

CONSTITUTIONAL LAW AND HUMAN RIGHT: - Nationality - Naturalization - Statutory naturalization

AUGUSTUSA NDUKAUBA  V. CHIEF SILAS M. KOLOMO

FUNDAMENTAL RIGHTS:- Right to fair hearing - Fairness of proceedings - Test for determining at the trial court - Test for determining at the appeal court.

AYUBA DAN RUFAI FAGOJI V. KANO NATIVE AUTHORITY

HUMAN RIGHT:- Prisoner convicted under Sharia Law – When sentenced to death in circumstance where plea of provocation would have availed him reducing same to manslaughter – Refusal of appellate court to intervene  -Effect

AZUOKWU V. NWOKANMA

 

BABAYO BAKA SEYO V. HUSSAINI BABA TUMFURE

FAIR HEARING:- Effect of the violation of the principle of fair hearing

BADEJO V. FEDERAL MINISTER OF EDUCATION

CONSTITUTIONAL LAW:- Fundamental rights -Individual right - Whether prevails over the generality of the public.

BAIRD TEXTILE HOLDINGS LIMITED V. MARKS and SPENCER plc

CONSTITUTIONAL LAW AND HUMAN RIGHTS:-Constitutional relief of fair hearing – Whether can be countenanced by a Court when raised by an employee who in disobedience to the directives of his employer is found to commit a misconduct

BARR. ENNOCH ETSU KWALI & ANOR V. HON. ISAH EGAH DOBI & ORS

FAIR HEARING: Nature and importance of fair hearing to all court procedure and proceedings



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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com