Category Archives: Law Tips

ELECTORAL MATTERS: Effect of failure to give INEC 21 days’ notice of conference, Congress or Meeting

“There is no doubt that by virtue of Section 82(1) of the Electoral Act, every registered political party shall give the 3rd respondent (INEC) at least 21 days, notice of any congress, conference or meeting convened for the purpose of nominating candidates for elective office under the Act. The provision is mandatory and failure to…

Primary Duty of the Court of Appeal: – Duty of the Court of Appeal to determine whether the decision appealed against is right or wrong

“It has been held severally by this court that the function of an appellate court is primarily to determine whether a decision appealed against is right or wrong and not necessarily whether the reasons for the decision are right or wrong. See: Wilson Vs Oshin (2000) 5 SC (Pt.III) 1: (2000) LPELR-3497(SC) @ 36-31E –…

Attitude of the Supreme Court to concurrent findings by the lower courts & where the Supreme Court may interfere with concurrent findings

“The law is quite well settled that an appellate court does not generally interfere with concurrent findings of fact unless such findings are shown to be perverse. A decision or finding is said to be perverse where it runs counter to the pleadings and evidence on record; or where the learned trial Judge took into…