It is to be said loud and clear that a Court of law has no legal duty to confine itself only to authorities cited by parties. It can, in an effort to improve its Judgment rely on authorities not cited by parties. The Court is also under no duty to give notice to the parties that it intends to use a particular book or authority.
– M. Peter-Odili JSC. Adegbanke v. Ojelabi (2021)
SHARE ON
But that in order to benefit from the principle, the facts relied upon, must support the correct law to be applied. In other words, where a court has jurisdiction to make an order, the fact that the power of the court, is invoked under a wrong law or rule of court, is no reason, for not making the order or where it is made, it is no reason for setting it aside. See also the cases of Salawu Oke & Ors. v. Musilim Aiyedun & Anor.: (1986) 2 NWLR (Pt. 23) 548: (1986) 4 SC 61 at 68 and Dr. Maja v. Mr. Costa Samouris (2002) 3 SCNJ 29 at 50, (2002) 7 NWLR (Pt.765) 78.
— I.F. Ogbuagu, JSC. Witt Ltd. v Dale Power (2007) – SC.240/2000
What was the Tribunal’s treatment of the witnesses and their evidence as placed before it? Before embarking on the exercise, I shall, firstly, remind myself of the role of this Court. Trial Courts, as their name suggests, try cases. To them belongs the reception of evidence. (Appellate Courts receive evidence only in exceptional cases and circumstances), the evaluation of such evidence, the issue of credibility or otherwise of witnesses adducing such evidence and the making of findings of fact based most times on the credibility of the witnesses – all these are matters peculiarly and comfortably in the exclusive province of the Court that sees, hears, matches and believes. See Chief Frank Ebba vs. Chief Wani Ogodo (1984) 4 S.C. 84 at Pp. 98/99; (1984) 1 SCNLR 372. It is quite a different matter when it is a matter of what inference or deduction to make from facts either as admitted or as found. In such a situation the Court of Appeal is in as a good a position as or even better than the trial court. See Benmax vs. Austin Motors (1955) A.C. 370 at p. 375.
— Nsofor, JCA. Ugo v Indiamaowei (1999) – CA/PH/EP/97/99
The resolution of labour/employment disputes is the resolution of disputes where the nature of rights is one in personam. This is an area of law where even the identity card of an employee is the property of the employer and must be surrendered immediately the employment relationship ceases or comes to an end. (Exhibit D5 actually demanded that the claimant should surrender any and all correspondences, materials and equipment provided to her by the defendant without retaining copies in any form whatsoever should the claimant discover them in her possession.) This is an area of law where upon the cessation of employment, an employee who hitherto had access (often very limited access) to the documents of the employer immediately ceases to so have simply because the employee’s internet access had been immediately clogged. See, for instance, Exhibit D5 couched as a non-competition term but which threatens the claimant with prosecution should she as much as divulge any information or document through sending such to herself vide her home address or personal email account. There is even the additional threat to the claimant that UAE law recognizes this behavior as theft punishable by imprisonment – this is even aside from the fact the claimant will forfeit any unpaid salary or commission and be liable to be sued for damages. This is an area of law where an employer expected to certify a document will willingly refuse to so certify the document. God save the employee if the employer is a public institution for which the Evidence Act requires certification before any secondary evidence can be rendered.
— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013
It is not the business of any Court to select or nominate candidates for any political party for election. The nomination of a candidate to contest an election is the sole responsibility of the political party concerned. The Courts do not have jurisdiction to decide who should be sponsored by a political party as a candidate in an election. See Onuoha v Okafor (1983) 2 SCNLR 244, Dalhatu v Turaki (2003) 15 NWLR (pt 843) 310, Shinkafi & Anor v Yari & Ors (2016) LPELR – 26050 (SC) page 57 paragraphs A – D, Olofu & Ors v Itodo & Anor (2010) 18 NWLR (pt 1225) 545. The above position has been the law and has not changed because issue of selection and/or nomination of a candidate for an election is strictly within the domestic jurisdiction or power of political parties.
— J.I. Okoro, JSC. Uba v. Ozigbo, INEC, PDP (SC.CV/772/2021, October 21, 2021)
In criminal trial, not only must the defences of the accused be considered, the Court is bound to consider the defences available to the accused which the accused himself did not raise, especially where the accused is facing a trial in which his life is at stake. See Nwankwoala v. The State (2006) 14 NWLR (Pt. 1000) 663; Adebayo v. The Republic (1962) NWLR 391; Akpabio v. The State (1994) 7 NWLR (Pt. 359) 653; Oguntolu v. The State (1996) 2 NWLR (Pt. 432) 503; Malam Zakari Ahmed v. The State (1999) 7 NWLR (Pt. 612) 641 at 679 and 681.
— P.A. Galinje JSC. Onuwa Kalu v. The State (SC.474/2011, 13 Apr 2017)
ALH. WAHAB ODEYALE & ANR. V. ALH. HAMMED OLAPADE BABATUNDE & ORS. (2009) – CA/I/106/2006:
“In my considered view, the constitutional provisions is very clear and unambiguous, and there is need for the court to give its ordinary meaning without any sort of ambiguity. That jurisdiction given to the courts shall extend to all matters between persons or between government or authority and to any person in Nigeria and to all actions and proceedings relating thereto for the determination of any question as to the civil rights and obligations.”
PER ISTIFANUS THOMAS, J.C.A.
Click the icons to like, follow, and join JPoetry