Apparently, the Supreme Court invoked the law of necessity
to rule that the full court could hear the appeal even if this would be in violation of the most fundamental principle of justice that requires a trial before an independent and impartial tribunal.
Back home in Nigeria, the doctrine of necessity
was applied for the very first time on 9th February, 2010 wherein the joint session of the National Assembly passed a resolution making Vice President Goodluck Jonathan, the Acting President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
Easements of Necessity
. Another method of creation all states have in common is the easement by necessity.
In the realm of necessity
there is no freedom, because freedom belongs only to those who are not desperate.
[section]704.01 provides for two distinct easements by way of necessity
, an implied grant of necessity
pursuant to subsection (1), which is, essentially, a codification of the implied way of necessity
arising under common law when a common grantor conveys property in a manner that creates a "landlocked" parcel of property, and a statutory way of necessity
pursuant to subsection (2).
In the emergency-destruction context, a natural name for this sort of necessity
is "destruction necessity." (62) Showing the presence of destruction necessity answers the question of whether the destruction was permissible, but it does not answer every relevant question.
Households sought to maintain, to the best of their abilities, their consumption of necessity
items while sacrificing luxury items, during and following the economic downturn.
In their introduction, the authors consider that the concept of necessity
"is often the key element that drives the outcome of the analysis", whether it be with respect to individual self-defence under national criminal law, national self-defence under international law or killing during armed conflict (p 1).
von Eschenbach "beg[an], as  in all due process cases, by examining our Nation's history, legal traditions, and practices." (108) Highly relevant in this determination was two common law doctrines, "the doctrine of necessity
[and] the tort of intentional interference with rescue;" (109) i.e., necessity and Prevented Rescue.
In 1977, the Court seemed in fact to have suggested that the door to recognition of necessity
jurisdiction was ajar.
The "Essentially Similar" Defences of Necessity
, Self-Defence and Duress A.