CORAM
EMANUEL OBIOMA OGWUEGBU,JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
B.A. SHITTA-BEY APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, was first appointed to the post of a Crown Counsel in 1961; he earned series of promotions in his civil service career up to the rank of Acting Director of Public Prosecutions of the Federation in November, 1985 – a post he held until he was abruptly retired from service.
HELD
The appeal failed.
ISSUES
1. Whether the Court of Appeal was right in holding that the jurisdiction of the trial court to entertain this matter was properly ousted by the provisions of Section 3(3) of Decree No. 17 of 1984.
2. Whether the Court of Appeal was properly constituted while determining this matter.
RATIONES DECIDENDI
ISSUES FOR DETERMINATION- HOW FORMULATED.
“…that in framing issues for determination the proper procedure is to argue issues (not grounds) and show how they relate to the grounds of appeal.” Onu, JSC.
ISSUES FOR DETERMINATION- HOW FORMULATED.
“It has been stated times without number that issues should be formulated in general practical terms and tailored to the real issues in controversy in the case. Such issues or questions for determination, it has also been stressed in several decisions of this court, must of necessity be limited by, circumscribed and fall within the scope of the grounds of appeal.” Onu, JSC.
WHEN ISSUE OF JURISDICTION CAN BE RAISED
“The question of jurisdiction can be raised at any time or stage in the proceedings or on appeal as a substantive point of law being mindful of the fact that any defect in jurisdiction is fatal to the whole proceedings and the judgment obtained thereby is a nullity.” Onu, JSC.
CASES CITED
1. Nwosu v. Imo State Environmental Sanitation Authority (1990) 2 NWLR (Pt. 135) 688 at 714 A-B
2. Adelaja v. Fanoiki & Anor. (1990) 2 NWLR (Pt. 131) 137 at 148E
3. Momodu v. Momoh (1991)1 NWLR (Pt. 169) 608
4. Onifade v. Olayiwola (1990) 7 NWLR (Pt. 161) 130 at 157.
5. Chinweze v. Masi (1989) 1S.C.(Pt.II)33,1 NWLR (Pt. 97) 254
STATUTES REFERRED TO
Evidence Act, Cap 112 Laws of the Federation of Nigeria, 1990.