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September 11, 2019 8:28 pm
“The well-known legal maxim is Ubi jus ibi remedium(where there is a violation of a right, there must be a remedy), comes into play here. In Bello Vs A.G. Oyo State (1986) 5 NWLR (Pt. 45) 828 ® 871 A — D: 890 A – F, it was held that this maxim is principle of justice of universal validity available to all legal systems involved in the impartial administration of justice. It was further stated that the principle enjoins the courts to provide a remedy whenever the plaintiff has established a right, as the courts are enjoined in all cases to eschew reliance on technicalities in the determination of disputes.”
PER K.M.O. KEKERE-EKUN, J.S.C IN THE CASE OF BRIGADIER GENERAL JAMES OMEBIJE ABDULLAHI V NIGERIAN ARMY & ORS; LER(2018)SC. 433/2010