PLANWELL WATERSHED LTD V CHIEF VINCENT OGALA
June 13, 2025ATTORNEY GENERAL OF THE FEDERATION VS ALL NIGERIA PEOPLES PARTY
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 16591
In the Supreme Court of Nigeria
Fri Dec 12, 2003
Suit Number: SC. 96/1998
CORAM
MOHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
OLUKAYODE ARIWOOLA JUSTICE, SUPREME COURT
PARTIES
ALHAJI BANI GAA BUDO NUHU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was the Plaintiff who instituted an action in Ilorin Upper Area Court claiming a parcel of land from the Defendant now the Respondent.
HELD
It was held that the appeal fails as lacking in merit and is hereby dismissed.
ISSUES
1. Whether or not the lower Court was right in allowing the Respondents’ Appeal (then acting as Appellant) and dismissing the Appellants’ Appeal (then acting as Cross-Appellant).2. Whether the Court of Appeal should have relied on extrinsic factors outside what is contained in the records before it to hold that the judgment was given in Chambers. 3. Whether the lower Court should have declared the judgment of the Ilorin Upper Area Court on 23rd January, 1996 a nullity?
RATIONES DECIDENDI
DELIVERY OF JUDGMENT SHOULD BE IN THE PUBLIC AND NOT IN CHAMBERS
A judgment of court delivered in chambers is a fundamental breach of the Constitution which renders the entire proceedings relating to the judgment null and void – Pats Acholonu
SCOPE OF THE CONSTITUTION
The provision of the Constitution applies to even the Area Courts or Customary Courts all-inclusive. There is simply no escape route for any court from the operation of the Constitution. . Per I.C. Pats Acholonu J.S.C.
CASES CITED
Ezeanaya V. Okeke (1995) 4 SC.N.J. at 76Kuusu V. Udoma (1990) NWLR (Pt. 127) 42Ajagbonnwa V. Iladare (1979) 6 SC.N.J
STATUTES REFERRED TO
The Constitution of the Federal Republic of the Law 1999.
