SELE EYOROKOROMO & ANOR VS THE STATE
August 1, 2025SYLVANUS MORTUNE V. ALHAJI MUHAMMADU GAMBO
August 2, 2025Legalpedia Citation: (1979) Legalpedia (SC) 01110
In the Supreme Court of Nigeria
Mon Jun 11, 1979
Suit Number: SC. 28/1979
CORAM
ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
PARTIES
DR J.O.J OKEZIE PLAINTIFF(S)
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
There was a purported statement of claim and the purported claims by the plaintiff in which he claimed that the Supreme Court of Nigeria has no jurisdiction in the matter on ground, under the Constitution of the Federation.
HELD
The counsel for the “plaintiff” having withdrawn the purported action and Statement of Claim, they were accordingly struck out.
ISSUES
That the Supreme Court of Nigeria has no jurisdiction in the matter under the Constitution of the Federation.
RATIONES DECIDENDI
THE SUPREME COURT RULES
“Supreme Court Rules, 1977, in particular Order 5, cannot confer jurisdiction on, or enlarge the jurisdiction of, the Supreme Court, since the Supreme Court cannot confer jurisdiction on itself and thereby usurp the function of the constitution-making authority or the legislature.” Per SIR ALEXANDER, JSC.
JURISDICTION OF THE SUPREME COURT
“The Supreme Court is empowered to exercise jurisdiction, whether original or appellate jurisdiction.” Per SIR ALEXANDER, JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.
