ALHAJI A.G. ISHOLA-NOAH V HIS EXCELLENCY, THE BRITISH HIGH COMMISSIONER TO NIGERIA

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