G.F. OYEDELE VS P.B. OGUN & ANOR
August 8, 2025FRANCIS TETE LAWSON & ORS VS THE STATE
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 18616
In the Supreme Court of Nigeria
Thu Jun 5, 1975
Suit Number: SC. 431/1974
CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
ATANDA FATAI-WILLIAMS , JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
GODFREY UGWUH APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicants applied to the Supreme Court by way of motion for Leave of the Supreme Court to appeal against the Order of the Enugu High Court.
HELD
The Supreme Court decided that the application was incompetent and it was struck out.
ISSUES
That there is always such a right of appeal and that the proposed appeal was competent.
RATIONES DECIDENDI
THE EASTERN NIGERIA LAW IS ALL BUT COMPETENT TO AMEND THE FEDERAL SUPREME COURT ORDER
“We are clearly of the view that the eastern Nigeria law No. 11 of 1962 is all but competent to amend the Federal Supreme Court order No. 12 of 1960 which is a federal legislation” per COKER, JSC.
ALL RIGHTS OF APPEAL ARE STATUTORY
“All rights of appeal are statutory and in order to exercise a right of appeal it must be demonstrated by the prospective appellant that such a right has been or is conferred on him by some statute.” Per COKER, JSC.
CASES CITED
STATUTES REFERRED TO
East-Central State Edict No. 2 of 1975
Federal Supreme Court Act (Miscellaneous Provisions) Law
Supreme Court Act 1960
