Statute (6)
The clear intent and purpose of Section 251(1)(a) of the Constitution, as amended, are to vest exclusive jurisdiction on the Federal High Court, as the successor of the defunct Federal Revenue Court, only in respect of “civil causes and matters relating to the revenue of the Government of the Federation in which the said Government or any organ thereof or a person suing or being sued on behalf of the said Government is a party”. The jurisdiction conferred on the Federal High Court by Section 251 (3) of the Constitution “in respect of criminal causes and matters in respect of which jurisdiction is conferred” by Section 251 (1) is not a jurisdiction to the exclusion of any other court. If it were intended to be so, it would have been so stated expressly in the constitution.Ehindero v. FRN & Anor.[2017] 6-12 M.J.S.C (Pt. I) [P. 147] Paras. A-D
FACTS:
By virtue of the provision of Section 209(3) of the penal code, a person shall not be liable to be convicted for an offence unless the testimony admitted by virtue of subsection (1) of this section and given on behalf of the prosecution is corroborated by some other material evidence in support of such testimony implicating the Defendant. Natsaha v. The State (2017) 3-4 M.J.S.C[P. 150] Paras. C-E
FACTS:
By the provisions of Section 31 (1) and (2) of the Electoral Act, 2010 every political party shall not later than 60 days before the date appointed for a general election under the provisions of this Act, submit to the Commission, in the prescribed forms, the list of the candidate =s the Party proposes to sponsor at the election; provided that the commission shall not reject or disqualify candidate(s) for any reason whatsoever. The list of information submitted by each candidate shall be accompanied by an Affidavit sworn to by the candidate at the Federal High Court, High Court of a State or Federal Capital Territory, indicating that he has fulfilled all the constitutional requirements for election into that office. Emeka v. Ikpeazu & Ors(2017) 3-4 M.J.S.C[P.107] Paras. A-E
FACTS:
By virtue of the provisions of Section 134 of the Evidence Act, the burden of proof in civil cases is discharged on the balance of probabilities. Balance of probabilities or preponderance of evidence means that, in civil proceedings, judgment is given to the party with the greater weight or stronger evidence. Interdrill Nig. Ltd .v.UBA [2017] 3-4 M.J.S.C [P24] Paras. D-F
The operation of Section 22 of the Supreme Court Act, Cap. 515, LFN 2004 is not as a matter just for the asking as certain conditions must co-exist before such an invocation can be effected These conditions are thus:-
- The lower court or trial court must have the legal power to adjudicate in the matter before the appellate court can entertain it.
- The real issue raised by the Claim of the Appellant at the lower court or trial court must be seen to be capable of being distilled from the grounds of appeal.
- All necessary materials must be available to the court for consideration.
- The injustice or hardship that will follow if the case is remitted to the court below must clearly manifest itself.
By Section 28 of the Interpretation Act, notwithstanding anything contained in any Act or any other enactment, the quorum of any tribunal, commission of inquiry (including any appeal tribunal established for the purpose of hearing any appeal arising there from) shall not be less than two (including the Chairman). Provided that the Chairman and the member shall be present at every sitting of the tribunal, commission of inquiry throughout the duration of the trial or hearing. [Po 24] Paras. C-E Saraki v. FRN [2016] 2 M. J. S. C (Pt. I)