TIJANI AMOO & ORS V ALHAJI BUSARI ALABI
June 13, 2025BASSEY EDEM VS ORPHEO NIGERIA LIMITED
June 13, 2025Legalpedia Citation: (2003) Legalpedia (SC) 12966
In the Supreme Court of Nigeria
Fri Jul 11, 2003
Suit Number: SC.196/1999
CORAM
I. L. KUTIGI, JUSTICE, SUPREME COURT
S. U. ONU, JUSTICE, SUPREME COURT
A. I. IGUH, JUSTICE, SUPREME COURT
E. O. AYOOLA, JUSTICE, SUPREME COURT
D. MUSDAPHER, JUSTICE, SUPREME COURT
PARTIES
1. CHIEF L.U. OKEAHIALAM2. JUDE ALOZIE(For themselves and on behalf of members of Onicha Town Union) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st and 2nd plaintiffs/respondents suing for themselves and members of the Onicha Amairi Autonomous Community of Ndi Eze, together with the 3rd and 4th plaintiffs/respondents, claimed against the appellants and the defendant/respondents, a declaration that the purported recognition of C the 1st appellant, as the Traditional Ruler of Onicha Amairi Autonomous Community is illegal, and a nullity having been obtained fraudulently and contrary to the provisions of the relevant law; and, consequential reliefs.
HELD
Appeal dismissed
ISSUES
1. Whether the proviso to section 25 of Law No 11 of 1981 applied to the suit.2. Whether the suit was properly constituted.
RATIONES DECIDENDI
CONSTRUCTION OF STATUTE
An intention to legislate in contravention of the Constitution should not be imputed to the law-maker. Where an enactment can be construed and can operate as not to be inconsistent with the Constitution, such construction and manner of operation should be preferred to any other construction that would lead to inconsistency. Per E.O. Ayoola J.S.C.
CASES CITED
NONE?
STATUTES REFERRED TO
The 1999 ConstitutionThe Imo State Traditional Rulers and Autonomous Communities Law No. 11 of 1981 (“Law No.11 of 1981)”?
