HIGHGRADE MARITIME SERVICES LTD. VS FIRST BANK OF NIGERIA LIMITED
July 14, 2025IJEBU-ODE LOCAL GOVERNMENT VS ADEDEJI BALOGUN
July 14, 2025Legalpedia Citation: (1991-01) Legalpedia 73722 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 11, 1991
Suit Number: SC 160/1988
CORAM
BELLO, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
WALI, JUSTICE SUPREME COURT
OLATAWURA, JUSTICE SUPREME COURT
AKPATA, JUSTICE SUPREME COURT
PARTIES
CHIEF ETUEDOR UTIH (The Odion (Odion-Orode) of Evwreni) AND ORS
APPELLANTS
JACOB UMURHURHU ONOYIVWE AND ORS
RESPONDENTS
AREA(S) OF LAW
CHIEFTANCY LAW – OUSTER CLAUSE-COURT- JURISDICTION -1963 CONSTITUTION
SUMMARY OF FACTS
The respondents as plaintiffs in the main claimed against the appellants for a declaration that there was no such chieftaincy title as Ovie of Evwreni in Evwreni Clan in Ugheli L.G.A in Bendel State as recognized by the state government other than Odion of Evwreni.
HELD
The court held that by reason of sections 161(3) and 36 of the 1963 Constitution and the Chiefs Law Cap. 37, a court of law has no jurisdiction to entertain the plaintiffs’ claim.
ISSUES
Whether the court had jurisdiction to make the declarations sought.
RATIONES DECIDENDI
IMPORTANCE OF JURISDICTION
‘Moreover, jurisdiction is blood that gives life to the survival of an action in a court of law and without jurisdiction, the action will be like an animal that has been drained of its blood. It will cease to have life and any attempt to resuscitate it without infusing blood into it would be an abortive exercise.’ Per M. Bello CJN
CASES CITED
Mustapha v. Governor of Lagos State (1987) NWLR 539
Alao v. Akano (1988) 1 NWLR (part 71) 431
STATUTES REFERRED TO
Chiefs Law cap 37, Laws of Bendel State 1976
The Constitution of the Federal Republic of Nigeria 1963
