Constitutional Law (401)
"It is expedient to restate emphatically that, no law, legislation, be it regulation, rules or guidelines of whatever nature can come into effect so as to undermine the effect of a constitutional provision." Per OGUNBIYI, J.S.C. (Pp. 79-80, Paras. F-A) JOE ODEY AGI, SAN v. PEOPLES DEMOCRATIC PARTY & ORS(2016) LPELR-42578(SC)
"A hearing can be on oral evidence or written documents submitted by the parties interested in the inquiry or whose civil rights and obligations will be affected by the inquiry. Dr Agiri's Commission qualifies as an Administrative Tribunal [see Wednesbury Corporation v. Ministry of Housing and Local Government No.2 (1966) 2 QB. 275] and is bound to observe the Rules of Natural Justice.
"A hearing can be on oral evidence or written documents submitted by the parties interested in the inquiry or whose civil rights and obligations will be affected by the inquiry. Dr Agiri's Commission qualifies as an Administrative Tribunal [see Wednesbury Corporation v. Ministry of Housing and Local Government No.2 (1966) 2 QB. 275] and is bound to observe the Rules of Natural Justice.
It is well established as per section 6 subsection (6) (c) of the constitution that rights under the fundamental objectives and directive principles of state policy are not justiciable except as otherwise provided in the constitution - see also the case of Okogie v. A-G. of Lagos State (1981) NCLR 2187." Per UWAIS J.S.C. (P. 46, paras. C-D) ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION & ORS(2002) LPELR-623(SC)
"Since the act is to operate throughout the federation the Attorney-General of the Federation has power, conferred on him by section 174(1)(a) of the 1999 constitution, to institute criminal proceedings against any person before any court in Nigeria, other than a court martial, in respect of any of the offences created by the said act. Save for the provisions of sections 26(3) and 35 of the act, which are ultra vires the 1999 constitution and are hereby struck out, the remaining provisions are constitutional and therefore valid." Per WALI, J.S.C. (P. 64, paras. C-F) ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION & ORS(2002) LPELR-623(SC)
It has been argued that the fundamental objectives and the directive principles of state policy are meant for authorities that exercise legislative, executive and judicial powers only and therefore any enactment to enforce their observance can apply only to such persons in authority and should not be extended to private persons, companies or private organisations.
"Item 67 under the exclusive legislative list read together with the provisions of section 4, subsection (2) provide that the National Assembly is empowered to make law for the peace, order and good government of the federation and any part thereof. It follows, therefore, that the National Assembly has the power to legislate against corruption and abuse of office even as it applies to persons not in authority under public or government office. For the aim of making law is to achieve the common good.