THE COUNCIL OF FEDERAL POLYTECHNIC, MUBI VS YUSUF
July 1, 2025DATOEGOEM DAKAT VS MUSA DASHE
July 1, 2025Legalpedia Citation: (1997) Legalpedia (SC) 25105
In the Supreme Court of Nigeria
Fri Dec 19, 1997
Suit Number: S.C 139/91
CORAM
Y.O ADIO JUSTICE, SUPREME COURT
I.L. KUTIGI, JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
M.L. UWAIS, CHIEF JUSTICE OF NIGERIA
E.O. OGWUEGBU , JUSTICE, SUPREME COURT
PARTIES
BASIL EGBUONU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent terminated the appointment of the appellant from the services of the respondent without calling upon the appellant to make his representations against the allegations levied him.
HELD
The appeal therefore fails and it is hereby dismissed. The decision of the Court of Appeal striking out the applicant/appellant’s application before the Maiduguri High Court is hereby confirmed. There will be no order as to costs, the respondent having played no part in the appeal proceedings whatsoever.
ISSUES
Whether having regard to the facts of this case, the action is one that ought to have been commenced under the Fundamental Rights (Enforcement Procedure) Rules 1979.
RATIONES DECIDENDI
MULTIPLE CAUSES OF ACTION
It would appear that where a set of facts or cause of action gives rise to multiple causes of action including a breach or threatened contravention of a fundamental right under the Constitution, the party so affected, as plaintiff, would have to bring two different actions at the same time. PER UWAIS, C J N.
DETERMINATION OF ANCILLARY CLAIMS
The law is now settled that where ancillary or incidental claim or claims are so inextricably tied to or bound up with the main claims before the court in a suit, a court of law cannot adjudicate over them where it has no jurisdiction to entertain the main claims if such incidental or ancillary claims cannot be determined without a determination at the same time of the main claims or where the determination of such incidental or ancillary claims must necessarily involve a consideration or determination of the main claims.PER IGUH, JSC.
CASES CITED
Tukur v. Govt. of Taraba State (1997) 6 NWLR (Pt.510) 549
STATUTES REFERRED TO
Borno State High Court (Civil Procedure) Rules, 1979. Constitution of the Federal Republic of Nigeria 1979
