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THE LAW WILL BE FOUND IN BOOKS

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Dictum

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...

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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) Was this dictum helpful? Yes 0 No 0...

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

In Nigeria, the operation of legislative powers by the national assembly and House of Assembly of a State is itemized in two list; the Exclusive Legislative list and Concurrent list, these vest powers on the legislature to legislate upon certain items. The exclusive list is the exclusive preserve of the National Assembly which has 68...

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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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LAWS ARE MADE FOR MEN, NOT MEN FOR LAWS

Laws are made for men and not men for laws. The administration of justice involves the administration of the purest principles of law among men for the good of men in its fairest conception. Man is fallible, so are the thoughts of man. This fallible nature of man demands that whenever the errors of thoughts...

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THE LAW IS NO RESPECTER OF PERSON

I can safely say that here in Nigeria even under a Military Government, the law is no respecter of person, principalities, government or powers and that the courts stand between the citizens and the government alert to see that the state or government is bound by the law and respects the law. Under our law,...

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BOOK: First 2-years as a Law Student: Experiences and Lessons.