IGNORANCE OF LAW NOT EXCUSE – IGNORANCE TO APPRECIATE UNLAWFUL NATURE OF A TRANSACTION

If all the facts which make the transaction unlawful were known to the parties, as I think they were, ignorance of the law will not excuse them: see Churchill v Walton ([1967] 1 All ER 497 at 503, [1967] 2 AC 224 at 237). That case was one of criminal conspiracy, but it seems to me that precisely similar principles must apply to a conspiracy for which a civil remedy is sought. Nor, in my opinion, can the fact that their ignorance of, or failure to appreciate, the unlawful nature of the transaction was due to the unfortunate fact that they were, as I think, erroneously advised excuse them (Cooper v Simmons, and see Shaw v Director of Public Prosecutions, where the appellant had taken professional legal advice).

— Buckley LJ. Belmont v Williams [1980] 1 ALL ER 393

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RULE OF LAW NECESSARY FOR DEMOCRACY SUSTAINABILITY

If our democracy must be sustained and grow, everybody must abide by the rule of law and ensure that all procedures laid down for taking any action are scrupulously complied with.

– AKA’AHS, J.S.C. Danladi v. Dangiri (2014)

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SECTION 4 OF THE CFRN LIMITS THE NATIONAL ASSEMBLY TO LEGISLATE

Section 4 of the constitution insists that each of the legislature, at the federal and state levels, must confine itself to its sphere of legislation viz; the items on each of the list. This means, that neither the National Assembly nor the house of the assembly of a state is at liberty to wonder off into the legislative arena of the other, where each of them strays into the legislative field of the other any law or provision which is an off shoot of that legislative invasion, as it where, on the legislative items is unconstitutional, null and void and stands the risk of being so declared by the court.’ See, page 123 of “GUIDELINES TO INTERPRETATION OF NIGERIAN STATUES” BY OBANDE FESTUS OGBUINYA. The National Assembly lacks the authority to empower the commission to operate on State roads or any other road that is not a federal trunk road.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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NON OBSERVANCE WITH RULE OF LAW IS A WASTE OF HUMAN RESOURCES

Ours is not a perfect society but our imperfections can be eradicated by our observance of the rule of law. Our human resources are our greatest asset and unless we use them to advantage, the Nigerian nation will be the loser. We cannot afford to lag behind while other nations march forward and enjoy the full benefit of their developed human resources. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

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THE LAW WILL BE FOUND IN BOOKS

Per Lord Camden in Entick v Carrington [1765] EWHC KB J98 “If it is law, it will be found in our books. If it not to be found there, it is not law.”

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THEORY OF THE RULE OF LAW VIS-A-VIS CUSTOMARY LAW – PECULIARITY OF NIGERIAN SITUATION

The theory of the rule of law which is now commonly canvassed and resorted to by politicians, journalists, and even lawyers to describe innominate situations seems to me much wider than the formulation of the Rule by Dicey in the late 18th century. It is different from the rule familiar to Constitutional lawyers. The principles in the rule as stated by Dicey are three. The first is the absolute supremacy of law as opposed to the exercise of arbitrary power. The second is the equality of all persons before the law. The third is that the constitution is the result of the ordinary law of the land as interpreted by the courts. It is important to bear in mind that Dicey formulated the rule of law with respect to the unwritten Constitution of England, and in relation to the nature and content of English law – common law and statutory. There is no doubt he had in mind the application of democratic principles of the Westminster style and the impartial enforcement of the laws of England. The rules enunciated by Dicey were formulated in contrast with the situation in foreign countries. Our circumstances in this country are not identical. They are peculiar. We have adopted English law as the general law. We did not abolish all our own laws and customs which govern our ways of life in many important respects. We have also adopted the principles of democracy as recognised in West European countries. Undoubtedly, these principles adopted must be applied with necessary modification and adaptation within the context of the laws adopted, recognised and applicable in our communities. Of course where any such laws are incompatible with our democratic values, they are by our Constitution to be rejected. Hence the Court of Appeal ought to have shown which of the rules of law or its variant is inconsistent with the custom being rejected. The custom applies uniformly only to defaulting members of the Age grade society. It is the law as accepted by them. It is, on the evidence, the law recognised by the community.

– Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989

LEGISLATIVE POWERS OF THE NATIONAL ASSEMBLY IS ITEMISED IN THE EXCLUSIVE LIST

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IGNORANCE OF LAW NOT EXCUSE – IGNORANCE TO APPRECIATE UNLAWFUL NATURE OF A TRANSACTION

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RULE OF LAW NECESSARY FOR DEMOCRACY SUSTAINABILITY

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SECTION 4 OF THE CFRN LIMITS THE NATIONAL ASSEMBLY TO LEGISLATE

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NON OBSERVANCE WITH RULE OF LAW IS A WASTE OF HUMAN RESOURCES

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THE LAW WILL BE FOUND IN BOOKS

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THEORY OF THE RULE OF LAW VIS-A-VIS CUSTOMARY LAW – PECULIARITY OF NIGERIAN SITUATION

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