Law or Code of Behaviour, and is an Infringement, Transgression, Infraction, and Contravention of a
Duty or Right, Interrupting or Disturbing the Natural Prescribed Order of Things. It can also mean the
failure to do what is required or expected by a Law, Rule or Agreement, and it could occur when a
Person crosses a Legal Boundary or a Binding Business Deal.
In the instance of Violation of a Contract, it is synonymous with the Term “Breach of Contract” and
could include many different types of Violations. Once a Contract is signed, the Parties are
bound/obliged to keep their own part of the bargain, as failure to do so, can result in legal
consequences. To excuse a Party from performing his or her own end of the bargain, under the Strict
Regulating Guidelines of the Contract, that excuse or justification for the breach or errancy of the
Terms of the Contract, imposes on the Party, the necessity of providing or adducing Legal Excuse
recognizable by the Courts and Contract Law. Nothing else will suffice.
Now, by the Circumstances of this Case, the Regulating Laws, Directives and Guidelines will be set out.
Starting with the 1999 Constitution of the Federal Republic of Nigeria (As Amended), the
Seventh Schedule, which contains the Oath of Office of Governor of a State, states inter alia,
“I, …do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of
Nigeria; that as Governor of…State, I will discharge my duties to the best of my ability, faithfully and in
accordance with the Constitution of the Federal Republic of Nigeria and the Law… that I will strive to
preserve the Fundamental Objectives and Directive Principles of State Policy contained in the
Constitution of the Federal Republic of Nigeria… that I will not allow my Personal interest to influence
my official conduct or my official decisions…; that I will abide by the Code of Conduct contained in the
Fifth Schedule to the Constitution of the Federal Republic of Nigeria…; and I will devote myself to the
service and well-being of the people of Nigeria. So help me God”
Now, the Court will initially refer to the Case of AKINBOBOLA VS THE STATE (1991) 8 NWLR
PT 208 191 AT 207, whereit was held that the Constitution must be construed to give effect and
force to ALL the Provisions otherwise its Purposes would not be Served. Further, reference is
made to the cases of OKHAE VS GOVERNOR OF BENDEL STATE & ORS (1990) 4 NWLR PT
144, 327 AT 366; ISHOLA VS AJIBOYE (1994) 6 NWLR PT 352, 506 AT 558-559; P.D.P. VS
I.N.E.C. (1999) 71 LRCN 2465 AT 2518; I.M.B. SECURITIES PLC VS TINUBU (2001) 91 LRCN
3000 AT 3016; OBIH VS MBAKWE & 2 ORS (1984) 1 SC 325 AT 341 AND IFEZUE VS
MBADUGHA (1984) 5 S.C. 79 AT 101.
Since the Supreme Court have ruled that ALL Provisions must be given effect to, and the Court
regards the Oath of Office as contained in the Seventh Schedule, to be an Undertaking, where
the Defendant, either affirmed or swore to uphold, and can be said to be an Agreement between
him and the People of Plateau State that he would carry out his Official Duties in Compliance
with the Law. Therefore, he is expected to Comply, Obey and Issue out Lawful Directives in
compliance with the Plateau State Financial Instructions of his State.
Other Possible Violations could be from the Code of Conduct for Public Officers, the Relevant of
Plateau State Laws including Financial Rules and Regulations; the Penal Code Law; the Bills of
Exchange Act CAP. 35 Laws of the Federation 1990 in regard to the Central Bank of Nigeria
Cheque and Other Cheques.
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