It is well to remember and bear in mind that the offices are creations of the various founding statutes promulgated by the various legislatures and cannot have more powers than those given and set out in the statutes.
– Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550
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In law, Exhibit P9 is at best a regulation or guideline made by INEC and subject to the substantive provisions of Section 31(3) of the Electoral Act and therefore, where there is a conflict between guidelines/regulations issued by the Electoral body and substantive provisions of the statute, the latter would prevail.
– B.A. Georgewill, JCA. Ganiyu v. Oshoakpemhe & Ors. (2021) – CA/B/12A/2021
The law is that where domestic/common law right has been enacted into a statutory provision, it is to the statutory provision that resort must be had for such right and not the domestic/common law. Hence, an air passenger is not at liberty to choose as between the provisions of the convention and the domestic/common law for claims for damages against the carrier. Such claims have to be asserted only in accordance with and subject to the terms and conditions of the convention and cannot be pursued under any other law.
– Adekeye JSC. Harka v. Keazor (2011) – SC.262/2005
(Relied on in — Ukor v Laleye (2005) – ECW/CCJ/APP/01/04)
✓ 18. In the case of Barbieri vs Morris, Mo; 315 S.W. 2d 711 at page 714, it was said that retroactive laws are generally defined from a legal viewpoint as those which take away or impair vested rights acquired under existing laws, create new obligations, impose a new duty or attach a new disability in respect to the transactions ot considerations already past. In other words it is a law that is intended to act on things, which are past.
✓ 19. Another important definition is to be found in the case of Bear Val Mutual Water Co. vs. San Bernardino County, 242 Cal. App. 2d, 68, where it was stated that a retrospective law is one which looks backward or contemplates the past, one which is made to affect acts or facts occurring, or rights accruing, before it came into force. Every statute, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability in respect of transactions or considerations already past. One which relates back to a previous transaction and gives it a different legal effect from that which it had under the law when it occurred.
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