JOSEPH LORI & ANOR VS THE STATE
July 30, 2025HOLMAN (BROS) LIMITED V KIGO (NIG.) LIMITEDD, GOODWIN BARSBY LIMITED
July 30, 2025Legalpedia Citation: (1980) Legalpedia (SC) 61171
In the Supreme Court of Nigeria
Wed Oct 22, 1980
Suit Number: SC. 79/1980
CORAM
ATANDA FATAYI-WILLIAMS, CHIEF JUSTICE OF NIGERIA
SIR UDO UDOMA, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT
PARTIES
ALHAJI A.G. ISHOLA-NOAH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff brought an action against the British High Commissioner in Nigeria but same was dismissed for lack of jurisdiction. A month later the same plaintiff subsequently brought the same application to the same court asking for a declaratory judgment against the same person.
HELD
The court held that the subsequent application constitutes an abuse of court process and that section 212 of the 1979 constitution has not vested the jurisdiction on the court to entertain such a matter; moreover under the Diplomatic Immunities and Privileges Act of 1962 such an action against a foreign envoy in Nigeria shall be void.
ISSUES
None.
RATIONES DECIDENDI
1. ON WHETHER THE SUPREME COURT IS VESTED WITH THE JURISDICTION TO ENTERTAIN AN ACTION AGAINST A FOREIGN ENVOY IN NIGERIA –
Section 212 of the Constitution of the Federal Republic sets out clearly the area of litigation in which this court is invested with original jurisdiction. Per A. O. Obaseki, JSC
2. ON WHETHER AN ACTION CAN VALIDLY BE MAINTAINED AGAINST A FOREIGN ENVOY IN A NIGERIA –
It is also provided in Sections 1(2) and 3 of the Diplomatic Immunities and Privileges Act (No. 42 of 1962) that such an action against a foreign envoy in Nigeria shall be void. Per A. Fatayi-Williams, CJN
CASES CITED
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria, 1979
The Diplomatic Immunities and Privileges Act (No. 42 of 1962)
The Supreme Court Act 1960
