Words and Phrases (247)
"It is provided in section 50 that a "holder" in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgagee, sub-lessee or sub-under lessee" Per NNAEMEKA-AGU, J.S.C. (P.152, paras. B-D) GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)
"It is provided in section 50 that a "holder" in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgagee, sub-lessee or sub-under lessee" Per NNAEMEKA-AGU, J.S.C. (P.152, paras. B-D) GARUBA ABIOYE & ORS. V. SA'ADU YAKUBU & ORS(1991) LPELR-43(SC)
It has been argued by the plaintiff that the reference to "state" in section 15 (5) can be ascertained by reference to the definition in section 318 subsection (1) of the constitution. The latter section provides that the word "when used other than in relation to one of the component parts of the federation, includes government." The same section of the constitution has defined "government" to include the government of the federation, or of any state, or of a local government councilor any person who exercises power or authority on its behalf."
"A Constitution is an instrument of government under which laws are made and are not mere Acts or law and the construction which the court will give to a constitutional provision must be such that will serve the interest of the Constitution and best carry out the subject and purpose and give effect to the intention of the framers. See Kalu v. Odili (1992) 5 NWLR (Pt.240) 130 at 156 and Kalu v. The State (1998) 13 NWLR (Pt.583) 531 at 575.
"Federal offence" is defined in subsection (3) thereof to mean "an offence contrary to the provisions of an act of the National Assembly or any law having effect as if so enacted." Per UWAIS, C.J.N. (P. 58, para. D-E) ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION & ORS(2002) LPELR-623(SC)
'..an objection ordinarily is that (act) which is said or felt in opposition or disagreement; the reason or cause for disagreeing, or disputing. It is an adverse reason or argument. It is a way of saying that one does not like or agree with what the other wants to do, or has indeed started doing it or has even done it.
"An appeal is a creature of statute. Section 51 of the Constitution of Western Nigeria confers appellate jurisdiction on the High Court from the decisions only of subordinate courts. The next channel of appeal from the High Court is the erstwhile Western State Court of Appeal by virtue of section 53 of the Constitution of Western Nigeria from which an appeal would lie to the Supreme Court by virtue of section 117 of the 1963 constitution".PER UWAIS, J.S.C.(P. 17, paras. A-C) HIS HIGHNESS LAMIDI OLAYIWOLA ADEYEMI (Alafin of Oyo) & ORS v. A-G., OYO STATE & ORS.(1984) LPELR-169(SC)
"The doctrine of separation of powers means that neither the legislature, the executive, nor the judiciary should exercise the whole or part of another's power.It was held by this court in Lakanmi & Anor. v The Attorney-General of Western State & Ors. (1974) 4 E.C.S.L.R. 713 at p.731; (1971) 1 U.I.L.R. 201 at p.218 that the structure of the Constitution of the Federation of Nigeria, 1963, (hereinafter referred to as the 1963 Constitution") as suspended and modified by the Constitution (Suspension and Modification) Act, 1966 (No. 1 of 1966) was based on the separation of powers; and in the distribution of powers amongst the organs of government the courts were vested with the exclusive right to determine justiciable controversies between citizens and between citizens and the State".PER UWAIS, J.S.C.(Pp. 165-166, paras. G-D) HIS HIGHNESS LAMIDI OLAYIWOLA ADEYEMI (Alafin of Oyo) & ORS v. A-G., OYO STATE & ORS.(1984) LPELR-169(SC)
The word incompetency, is a relative term which may be employed as meaning disqualification, inability or incapacity and it can refer to lack of legal qualifications or fitness to discharge the required duty and to show want of physical or intellectual or moral fitness.
SPDC Ltd & 2 ors vs Agbara & 9 ors [2015] 12 M. J. S. C [Po 127] Para. D