ALHAJI ABDULKADIR DAN MAINAGGE V ALHAJI ABDULKADIR ISIAKU GWAMNA
June 11, 2025ALHAJI SAIBU YEKINI OTUN V SINDIKU ASHIMI OTUN
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 11611
In the Supreme Court of Nigeria
Fri Jul 16, 2004
Suit Number: SC. 196/2000
CORAM
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
ALIDU ADAH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s appointment was terminated in 1991, he instituted action in the High Court in 1995.
HELD
The court held that the High had no jurisdiction to entertain the matter in 1995 because jurisdiction had been conferred on the Federal High Court under the Constitution (Suspension and Modification) Decree No. 107 of 1993. ?
ISSUES
1. Whether the Court of Appeal was right to hold as it did that the trial High Court lacked jurisdiction to have heard the claim of the appellant in view of S.230(1) of the 1979 Constitution as amended by Decree No. 107 of 1993, having regard to the date of the cause of action in this case. 2. Was the Court of Appeal right when it did not consider other issues for determination submitted for adjudication, notwithstanding its view that the Benue State High Court lacked jurisdiction to have heard the case of the Appellant.?
RATIONES DECIDENDI
CASES CITED
1. Utih V. Onoyivwe (1991) 1 NWLR (pt. 166) 166 at 2012. Osadebey V. Attorney-General Bendel State (1991) 1 NWLR (pt. 169) 5253. Uwaifo V. Attorney-General Bendel State (1982) 7 SC 1244. Mustapha V. Governor of Lagos State (1987) 2 NWLR (pt. 58) 539;5. Alao V. Akano (1988) 1 NWLR (pt. 71) 431?
STATUTES REFERRED TO
1. The (Suspension and Modification) Decree No. 107 of 19932. The Constitution of the Federal Republic of Nigeria 1979?
