ALHAJI IBRAHIM ABDULHAMID V. TALAL AKAR & ANOR

CORAM

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT

PARTIES

ALHAJI IBRAHIM ABDULHAMID APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Applicant instituted an action under the Fundamental Rights, (Enforcement Procedure) Rules, 1979 to restrain the Respondents, their agents and servants from harassing, intimidating and subjecting the applicant and members of the applicants’ family and employees to degrading treatment.

HELD

The Court held that the reliefs sought were not for enforcement of fundamental rights thus the procedure by which appellant commenced this action was wrong.

ISSUES

1. Whether the Court of Appeal was right in its conclusion that the reliefs sought by the Appellant (Applicant) were not maintainable or could not be sought under the Fundamental Rights (Enforcement Procedure) Rules, 1979.2. Whether the competency of the Appellant’s (Applicant) action under the Fundamental Rights (Enforcement Procedure) Rules, 1979 can be determined solely by reference to the nature of the reliefs being sought by the Appellant as done by the Court of Appeal in this case without reference to the processes filed at the trial Court.?

RATIONES DECIDENDI

JURISDICTION-HOW DETERMINED

“The Court of Appeal was right to have considered the reliefs or claims only, and without reference to any other thing. It is settled and a fundamental principle that jurisdiction is determined by the Plaintiffs claim or relief. In other words it is the claim before the Court that has to be looked at or examined to ascertain whether or not it comes within the jurisdiction; conferred on the Court” Per I.L.Kutigi, JSC