MOHAMMED SANI ABACHA & ORS VS THE STATE
June 18, 2025OREOLUWA ONAKOYA V. FEDERAL REPUBLIC OF NIGERIA
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 07154
In the Supreme Court of Nigeria
Fri Jun 28, 2002
Suit Number: SC. 21/1998
CORAM
KUDIRAT MOTONMORI OLATOKUNBO KEKRE-EKUN
S.M.A. BELGORE JUSTICE, SUPREME COURT
A.O. EJIWUNMI JUSTICE, SUPREME COURT
E.O. AYOOLA JUSTICE, SUPREME COURT
PARTIES
ALHAJI SAIDU ABDULSALAMSANI OMOLORI (OHINOYI OF EBIRA (Now Deceased) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The present respondent was the plaintiff at the High Court of Kogi State, sitting at Okene. He brought the suit against the appellant and Alhaji Sani Omolori, the Ohinoyi of Igbira, jointly. ?
HELD
The Appeal was dismissed.
ISSUES
“1. Whether having regard to the state of pleadings and weight of evidence proffered before the court, plaintiff has proved his case on balance of probabilities (Grounds 1, 3, 5, 6).2. Whether the trial judge adverted his mind properly to the pleadings and the case made out on those pleadings before framing his issues Nos. (b) and (c) for determination and deciding same against defendant (2) and (4).3. Whether plaintiff has proved any age-old agreement that where chief imam comes from or is to come from one of the two Moslem communities (Obehira and Okengwe) the choice is or should be the Responsibility of that community, (3).”?
RATIONES DECIDENDI
JURISDICTION TO BE SETTLED FIRST WHEN RAISED
Matter of jurisdiction is so important that if raised in good time it must be addressed first by the court to avert possibility of nullity in trial Per S. M. A. BELGORE
CASES CITED
1. Galadima v. Tambai (2000) 11 NWLR (Pt. 677)12. Agbanelo v. U.B.N. (Nig.) Ltd. (2000) 7 NWLR (Pt. 666) 534 3. Adisa v. Oyinwola (2000) 10 NWLR (Pt. 674)116. 4. Magaji v. Matari (2000) 8 NWLR (Pt. 670) 722.5. Oshatoba v. Olujitan (2000) NWLR (Pt.655) 159;6. Amadi v. NNPC (2000) 10 NWLR (Pt. 674)?
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1979The Constitution of 1999
