CLEMENT OBRI VS THE STATE
July 3, 2025DOPEMU TAIWO ADEYERI & ORS VS AKINBODE OKOBI & ORS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 11312
In the Supreme Court of Nigeria
Fri Jun 27, 1997
Suit Number: SC. 143/1996
CORAM
CORAMSALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT (Presided)IDRIS LEGBO KUTIGI JUSTICE, SUPREM
SOWEMOMI, JUSTICE, SUPREME COURT
YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
ABUBAKAR UMARU ABBA TUKUR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff sued the respondent/defendants for wrongful deposition as the Emir, for breach of his fundamental rights amongst other claims. The Trial Court gave judgment for the appellant. The respondent then appealed being dissatisfied. The Court of Appeal unanimously allowed the appeal. Being dissatisfied, the appellant has appealed to this Court. ?
HELD
The net result of all I have been saying is that this appeal fails and it is hereby dismissed by me. I award N1,000.00 costs of this appeal to the 1st respondent only.
ISSUES
Whether the Court of Appeal was right in entertaining and determining the 1st respondent’s third ground of appeal in Appeal No. CA/J/206/93?Was the Court of Appeal correct when it held that the trial court lacked the jurisdiction to entertain the appellant’s claims?Whether the Court of Appeal was right in reducing the N6,000,000.00 awarded in favour of the appellant by the trial court to N1,000,000.00? ?
RATIONES DECIDENDI
BRIEF WRITING
The appellate courts have not relented in frowning against breaches of the rules of brief writing. But no appeal has been refused on the sole ground of a defective brief. Per OGUNDARE JSC
CASES CITED
Ikeanyi v. A.C.B. et al (1997) 2 NWLR (Pt.489) 509.In Omojasola v. Plison Fisko (Nig.) Ltd (1990) 5 NWLR (Pt. 151) 434 at 441 F-HObiora v. Osele (1989) 1 NWLR (Pt.97) 279 at 300 F-GAkpan v. The State (1992) 6 NWLR (Pt.248) 439 at 458 A-ELabiyi v. Anretiola (1992) 10 SCNJ 1 at 11; (1992) 1 NWLR (Pt.97) 279Bankole v. Pelu (1991) 11 SCNJ 108 at 120; (1992) 8 NWLR (Pt.211) 353
STATUTES REFERRED TO
Fundamental Rights (Enforcement Procedure) Rules, 1979The Constitution of the Federal Republic of Nigeria, 1979
