“When Can Rule of Law Be Legally Violated?” Daily Law Tips (Tip 629)

Share on facebook
Share on google
Share on twitter
Share on linkedin
Rent Increment Economic Recession Hardship

*When Can Rule of Law Be Legally Violated? * Daily Law Tips (Tip 629) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Rule of Law is the sanity in exercise of power. It is the minimum standard that brings all human beings and corporate beings below the law. It is simply, a strict adherence to laws. Without rule of law, power becomes destructive, discretionary, discriminatory and greatly left to rule of man and rule by law.

However, it is not impossible to have circumstances, where rule of law (in this sense, adherence to law) may do injustice. In such circumstances, adherence to law will beget an abuse of rule of law. Below, are the words of the court on this issue.

“To this extent, the reference made by learned counsel to the dictum of Aboki JCA in MOTOH V. MOTOH @ 532, PARAS. B-D is most apt: “Courts in the exercise of their interpretative jurisdiction are enjoined to lean where the justice of the case demands. The proper role of the Court is to do justice between the parties before it. If there is any rule of law which impairs the doing of justice, then it is the province of the Court to do all it legitimately can to avoid that rule so as to do justice in the case before it. The Courts in Nigeria exercise the dual role of being Courts of law and of equity. A Judge in such system has a duty to ameliorate the harsh content of the law, where it is equitable to do so.” Per CHINWE EUGENIA IYIZOBA ,J.C.A ( Pp. 9-20, paras. C-F )

My authorities are:

1. The judgment of the Court of Appeal in the case of OBIDIEGWU v. OBIDIEGWU (2019)LPELR-47236(CA)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via info@LearnNigerianLaws.com or onyekachi.umah@gmail.com or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram:

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

Share on facebook
Share on google
Share on twitter
Share on linkedin

Leave a Replay