PRACTICE AND PROCEDURE
PRACTICE AND PROCEDURE – HEARING NOTICE- WHEN NEEDED
FUNDAMENTAL HUMAN RIGHT–FAIR HEARING – WHAT CONSTITUTES BREACH OF
COURT– CONCURRENT FINDINGS OF TWO LOWER COURTS- WHEN THE SUPREME COURT WILL INTERFERE.
“A party as herein, who already knows or is reasonably presumed to know of the date for which its case is scheduled for hearing, does not require hearing notice to be served on it.”
Per John Afolabi Fabiyi J.S.C.
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APPEAL – ISSUES FORMULATED IN AN EARLIER APPEAL – HOW TREATED.
CONSTITUTIONAL LAW – SECTION 4 OF THE 1999 CONSTITUTION – DUTY OF THE LEGISLATURE.
FUNDAMENTAL HUMAN RIGHT – RIGHT TO LIFE- QUALIFIED, NOT ABSOLUTE.
INTERPRETATION OF STATUTE – USE OF THE WORD ‘SHALL’ IN AN ENACTMENT.
JURISPRUDENCE – CONSTITUTIONALTY OF THE DEATH SENTENCE IN NIGERIA.
PRACTICE AND PROCEDURE – MAXIMUM AND MANDATORY SENTENCES- WHEN CAN THE COURT EXERCISE DISCRETION.
WORDS AND PHRASES – ‘GOVERNMENT’ – MEANING OF.
“It is settled law also that where a statute prescribes a mandatory sentence in clear terms as in the instant case, the courts are without jurisdiction to impose anything less than the mandatory sentence as no discretion exists to be exercised in the matter. It is a duty imposed by law.”
Per Walter Samuel Nkanu Onnoghen. J.S.C.
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Subject Matter: Fundamental Human Rights: Fair hearing lies in the procedure followed in the determination of the case, not in the correctness of the decision.
Practice and Procedure; A court should not set-up for parties, a case which is different from the one set up by the parties themselves in their pleadings and/or their evidence.