"It is a principal rule of pleading that a party must plead material facts only and not law, yet every party is permitted by his pleading to raise a point of law.

It is thus not only unnecessary but contrary to the rule of pleadings to plead law, statutes, or Sections thereof before reliance can be placed on them.

If a party's case depends on a statute, all he needs do is fully to plead material facts necessary to bring his case within that statute. See Read v. Brown 22 Q.B.D. 128; Re: Vandervell's Trusts. (No. 2) (1974) 3 All E.R. 205 at 213 (C.A.); Anyanwu v. Mbara (1992) 5 NWLR (Pt. 242) 386 at 398."

Per IGUH, J.S.C. in Abacha v. Fawehinmi (2000) 6 NWLR (Pt.660) 228