An omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the legal concept, the term will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the person is in breach of that duty.
The recent decision of the Federal High Court in Fubara Dagogo v. All Progressives Congress (APC) & 3 Ors., Suit No. FHC/ABJ/CS/591/2026 delivered by Justice Joyce Abdulmalik, represents a significant development in Nigeria’s pre-election jurisprudence. In that case, the court struck out the suit challenging the APC National Congress and proceeded to award punitive costs of ₦10 million each against the plaintiff, Mr. Fubara Dagogo, and his counsel, Chief Sir O.A.U. Onyema, for what the court considered a frivolous and non-justiciable action. The court held that the dispute arose purely from the internal congress and nomination processes of the political party and therefore fell outside the jurisdiction of the court by virtue of Section 83(5) of the Electoral Act 2026. Justice Abdulmalik maintained that there was no allegation or proof of any breach of the Constitution, the Electoral Act, or the party’s constitution and guidelines capable of warranting judicial inte...
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