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E

EVIDENCE

By CIVIL MATTERS, ENo Comments

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).

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EQUITY

By CIVIL MATTERS, ENo Comments

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).

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EMPLOYMENT

By CIVIL MATTERS, ENo Comments

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).

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ELECTION PETITIONS

By CIVIL MATTERS, ENo Comments

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).

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