E.O. AMODU VS DR. J.O. AMODE
July 15, 2025OBIANWUNA OGBUANYINYA & ORS VS OBI OKUDO & ORS
July 15, 2025Legalpedia Citation: (1990-09) Legalpedia 61849 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Sep 7, 1990
Suit Number: SC 293/1988
CORAM
BELLO, JUSTICE SUPREME COURT
ESO UWAIS JUSTICE SUPREME COURT
BELGORE, JUSTICE SUPREME COURT
WALI, JUSTICE SUPREME COURT
OLATAWURA, JUSTICE SUPREME COURT
AKPATA JUSTICE SUPREME COURT
PARTIES
ALHAJI R.B. BAKARE
APPELLANTS
THE ATTORNEY-GENERAL OF THE FEDERATION
RESPONDENTS
AREA(S) OF LAW
APPEAL – CAUSE OF ACTION – THE PETITION OF RIGHT ACT -1979 CONSTITUTION
SUMMARY OF FACTS
The court of appeal dismissed the appellant’s case on the ground that the action ought to have been commenced in accordance with the provisions of the Petition of Right Act because the cause of action arose before the 1979 constitution which abolished the said Act.
HELD
The court held that the petition of right act does not create a cause of action but a procedure for enforcing a cause of action and that the act having been abolished; the appellant’s action was competent.
ISSUES
whether the cause of action arose before or after the date of commencement of the 1979 Constitution.
RATIONES DECIDENDI
PETITIONS OF RIGHTS ACT
‘The Petition of Rights Act Itself does not create a cause of action. It only provides for the procedure to be followed when the events raised by the Act occur’. Per Eso J.S.C
EFFECTIVENESS OF PETITIONS OF RIGHTS ACT
‘the 1979 Constitution has rendered ineffective the Petitions of Right Act’. Per Eso J.S.C
CASES CITED
F. S. Uwaifo v. Attorney-General of Bendel State (1982) 7 SC. 124
Chief (Mrs.) Olufunmilayo Ransome Kuti v. Attorney-General of the Federation and Ors. (1985) 6 SC. 246; (1985) 2 NWLR (Pt.6) 211
STATUTES REFERRED TO
The Interpretation Act (Cap. 89), Laws of the Federation of Nigeria and Lagos, 1958 (Cap. 89)
The Petition of Rights Act
The constitution of the Federal Republic of Nigeria, 1979
