Just Decided Cases

ATTORNEY-GENERAL OF BENDEL STATE VS CHIEF C.O.M. AGBOFODOH & ORS

Legalpedia Citation: (1999) Legalpedia (SC) 33557

In the Supreme Court of Nigeria

Fri Feb 19, 1999

Suit Number: SC. 107/1989

CORAM


MUHAMMAD LAWAL UWAIS

TASLIM O. ELIAS, JUSTICE SUPREME COURT

OBIOMA OGWUEGBU CHIEF JUSTICE NIGERIA

SYLVESTER UMARU ONU,JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH,JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT


PARTIES


ATTORNEY-GENERAL OF BENDEL STATE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondents instituted action to challenge the validity and the constitutionality of an edict which impose punishment on their community and which oust the jurisdiction of the court. ?


HELD


The court held that the court has no jurisdiction to inquire into the validity or constitutionality of the edict because it was made pursuant to a decree which ousts the court’s jurisdiction. ?


ISSUES


whether the Court of Appeal was right in overruling the decision of the learned trial judge that he had no jurisdiction to hear the plaintiff action.


RATIONES DECIDENDI


CASES CITED



STATUTES REFERRED TO


The Ekpan and Ubeji Communities (Riots and Clashes) (Determination) Edict No. 7 of 1978The Tribunals or Inquiries (Validation, etc.) Decree No. 18 of 1977The Constitution of the Federal Republic of Nigeria 1963?


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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