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Section 144 case study

For the next 80 days, nobody heard from or saw the federal republic of Nigeria. The activities of the federal executive council became suddenly shrouded and ambiguous. As expected, question about the whereabouts and status of the president began to fly at the national assembly, the judiciary and the federal executive council. The attendant issues that emanated from this situation led to a very tensed period of fierce constitutional arguments by different quarters, especially from legal practitioners, scholars, authors and most especially, the media who put up quite a show fielding all sorts of rumors and speculations.
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Discussing Act.1 Scene 7 of Macbeth

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Read More…. Application for restitution — 1 Where and in so far as a decree or an order is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order shall, on the application of any party entitled in any benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place the parties in the position which they would have occupied but for such decree or order or such part thereof as has been varied, reversed, set aside or modified; and, for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages, compensation and mesne profits, which are properly consequential on such variation, reversal, setting aside or modification of the decree or order. In the Amendment Act suitable amendment was made and Explanations a to c were added but they have no relevance for the purpose of the case. The doctrine of restitution is based upon the high cardinal principle that the acts of the court should not be allowed to work in injury or injustice to the suitors. In those set of circumstances law raised an obligation on the party that received the benefit of such reversed judgment to restitute the property to the person who had lost it.
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Section CrPC was invoked by the police forces across the country to contain the nation-wide protests against the Citizenship Amendment Act. It is widely criticised for it conferring almost unbridled powers upon the executive officers. There are no limitations to the powers given to the executive officers and the concepts within this provision is too broad to make them accountable for their actions. Reforming this provision, in this regard, to gain public trust is necessary to ensure the balance between national security and democratic rights. Section has been imposed for many years now to address the problem of the possibility of riots and violence and it has proven to be an efficient tool to deal with emergencies.

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