EMMANUEL ILONA V. SUNDAY IDAKWO
June 16, 2025GANIYU LAWAL MOSOJO V THOMAS ADESOLA OYETAYO & ORS
June 16, 2025Legalpedia Citation: (2003) Legalpedia (SC) 67711
In the Supreme Court of Nigeria
Fri May 30, 2003
Suit Number: SC.102/1999
CORAM
MUHAMMADU LAWAL
UWANI MUSA ABBA AJI
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
PARTIES
E.A. EMUZE APPELLANT(S) / PLAINTIFF(S)
DEFENDANT(S) /RESPONDENT(S)
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal deals with wrongful termination and raises the vexed question as to whether the Head of State in exercising his power as the Visitor of the University of Benin can lawfully terminate the appointment of an employee of the University
HELD
Appeal was allowed. The judgment of the Court of Appeal set aside
ISSUES
“Whether the learned Justices on Appeal were right in holding that the High Court lacked jurisdiction to entertain the case of the Plaintiff (appellant) having held that the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria acted as a Visitor to the University of Benin in directing the termination of the appointment of the Plaintiff (Appellant)?”
RATIONES DECIDENDI
STRICT CONSTRUCTION OF STATUTES
It has always been the law, and consistent with common-sense and the intention of the legislation that where statue confers specific or special powers on any person or authority for the performance of certain acts, it is only that person or authority and no other that is contemplated in the performance of the duties under the law.
JURISDICTION
Jurisdiction is a threshold issue. It is so radical that it forms the foundation of adjudication. If a court lacks jurisdiction, it also lacks the necessary competence to try the issue before it.
CASES CITED
Oloba V. Akereja (1988) 3 NWLR (Pt.84) 508Barclays Bank Ltd V. Central Bank of Nigeria (1976) 6 SC. 115Odofin V. Agu (1992) 3 NWLR (Pt. 229) 350Anya V. Iyayi (1993) 7 NWLR (Pt. 305) 290Garba & Ors V. University of Maiduguri & Ors (1986) 2 SC. 128, (1986) 1 NWLR (Pt.18) 550.”
STATUTES REFERRED TO
Public Officers (Special Provisions), Act Cap 381 Volume 21, Laws of the Federation 1990.The University of Benin is the University of Benin (Transitional Provisions) Act, Cap 452 of the Laws of the Federal Republic of Nigeria, 1990
