The court has a duty to consider and evaluate all material facts and issues placed before it during trial. Therefore, there is need for every court or tribunal to make findings and pronounce on material and fundamental issues canvassed before it by the parties as failure to do so may result in a miscarriage of justice. [C. N. Okpala & Sons Ltd. v. N.B. Plc (2018) 9 NWLR (Pt. 1623) 16 referred to (P. 154, paras. D-E).
It is an inveterate rule of equity of great antiquity that equity will operate to prevent a party from benefiting from his or her wrongful act. In this case, it would be oppressive and unjust to the employee to award him or her damages on a basis prescribed in the contract of employment for termination of his employment in breach of that contract. To limit the damages payable by the employer to one month salary in lieu of notice would amount to enabling the employer to benefit from his or her wrongful act. (P. 30, paras. A-B).
Employments with statutory flavour enjoy the protection of the statute creating them as enacted by the National Assembly. Such an employment can only be terminated by the very statute that created it. [Adedeji v. C.B.N. (2023) 5 NWLR (Pt.1878) 531; Compt.-Gen., Customs v. Gusau (2017)18 NWLR (Pt. 1598) 353; Bamgboye v. University of Ilorin (1999) 10 NWLR (Pt. 622) 290 referred to.](P. 150, paras. B-D).
Once a person satisfies the criteria prescribed in section 177 of the 1999 Constitution (as amended), such person becomes automatically qualified for election to the office of Governor. Any criterion not provided for in section 177 or any factor not listed under section 182 of the 1999 Constitution is not valid as a qualifying criterion or disqualifying factor under the respective section. [Oni v. Oyebanji (2023) 13 NWLR (Pt. 1902) 544; Shinkafi v. Yari (2016) 7 NWLR (Pt. 1511) 340; Jegede v. I.N.E.C. [2021] 14 NWLR (Pt. 1797) 409; A.P.P.v. Obaseki (2022) 13 NWLR (Pt. 1846) 1; Jegede v.I.N.E.C. (2021) 14 NWLR (Pt. 1797) 409; Faleke v.I.N.E.C. (2016) 18 NWLR (Pt. 1543) 61 referred to (P. 468, paras. C-E & G-H).
A claim for a declaratory relief is a discretionary remedy which is never granted as a matter of course, or on admission of the adverse party or in default of pleadings by the defendant. The claimant must lead evidence to establish his entitlement to the declaration he seeks and may not rely on the weakness of the defence, if any.
The measure of damages an employee is entitled to in a claim for wrongful termination of employment on ground of failure to give the requisite notice or payment in lieu of the notice is, by law, the salary the employee would have earned had the employment been rightly and properly terminated by giving the requisite notice or payment in lieu thereof by the employer.
A contract is a legally binding agreement between at least two parties. It defines and governs the rights and duties of the parties to such agreement. It starts with an offer followed by an acceptance. Many contracts are entered into by parties to fulfill certain obligations or render certain services. So, when the contracting parties neglect or refuse to fulfill their engagements, aggrieved parties have a remedy at law. They may recover damages for the breach of the contract, which in many cases is an insufficient remedy, or seek the equitable remedy of specific performance that makes the breaching party to perform part of the breached contract instead of, or in addition to the monetary damages. (P. 41, paras. B-D).
In accordance with sections 2 and 3 of the 1999 Constitution (as amended), Nigeria practices federalism, a system of governance in which power is constitutionally divided between a central Federal government, the various State governments and their various local government authorities. The structure allows each level of government to exercise authority over specific matters within its jurisdiction as outlined in the Constitution. The distribution aims to promote local governance, accommodate Nigeria’s diverse ethnic and cultural groups and ensure a balanced regional development. (P. 92, paras. D-F).
By section 36(6) of the Companies and Allied Matters Act, 1990, the certificate of incorporation shall be prima facie evidence that all the requirements of the Act in respect of registration and of matters precedent and incidental to it have been complied with and that the company is one authorized to be registered and duly registered under the Act. Accordingly, the legal personality of a corporate body cannot be proved by pleadings or oral evidence. It can only be established as a matter of law by production in evidence of the certificate of incorporation.
“The appellants/applicants resorted to crafting reasons for their failure to obtain prior directive of this court to exceed the necessary number of pages and strayed into unimpressive inadvertence of counsel, which counsel generally flaunt to secure respite for their clients. In their affidavit in support, the learned counsel for the appellants chose to fling inadvertence of counsel, I am compelled to lend my unconditional support to the voice of my lord and learned brother OGUNWUMIJU JSC, that counsel habitually give reasons like inadvertence of counsel loosely translated as incompetence in Incorporated Trustees of Ladies of Saint Mulumba v. Ekhator (2022)LPELR- 57831 (SC); (2022) 15 NWLR (Pt.1852) 35.On my part, I dare say where counsel for whatever reason chooses to overlook his duties and dub so doing as inadvertence, the court will not endorse such flimsy brazen and unashamed admission of indolence and grant the counsel any indulgence. It is strange that learned counsel opted to rely on the 1999 Rules of this court when in his affidavit in support, he clearly admitted that the 2023 Practice Direction does not allow him more than 40pages. Learned counsel for the appellant knows that he filed no brief on behalf of his clients. The instant case is clearly that of omission on the part of counsel to do what is right and proper on behalf of his client. It is the sin of counsel which the client must of necessity bear the brunt. Counsel’s failure to obey and respect the
