Constitutional Law (401)
HELD:
"...In the same case, his Lordship explained the doctrine of "covering the field" at page 204, paras. G - H thus:
HELD:
"It is equally imperative to restate the elementary principle of the supremacy of the Constitution.
HELD:
"The Supremacy of the Constitution over any Act or law in Nigeria cannot, by any stretch of imagination, be trivialized or compromised.
HELD:
"The crux of this appeal revolves around the interpretation both sides give to Paragraph 30 Part 1 of the 3rd Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as altered).
HELD:
"The provisions of the Constitution are not only superior to, but supreme, over all other Laws, Statutes, Rules, Subsidiary/secondary Legislations/Regulations and so take precedence and supercede such other laws, statutes, rules or regulations, etc, on any particular subject matter provided for therein.
HELD:
"Section 1 of the Constitution is emphatic on the position that if any law is inconsistent with the provisions of the Constitution, the Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
HELD:
"Indisputably, "... certain rights conferred by the Constitution can be expressly or impliedly waived...
HELD:
"In Idakwo v. Ejiga [2002] 2 SC (pt. 11) 168, 172- 173, this Court prescribed the remedy where there is a breach of fair hearing.
BREACH OF RIGHT TO FAIR HEARING - Effect of proceedings conducted in breach of right to fair hearing
HELD:
"In the instant appeal, all the parties are ad idem that the Appellant was not afforded a hearing on the issue of waiver before the learned trial Judge decided same.
HELD:
"Fair hearing or lack of it depends on the procedure followed in a case.