Just Decided Cases

CHIEF OBAFEMI AWOLOWO VS SARKI AND THE ATTORNEY

Legalpedia Citation: (1963-06) Legalpedia 31625 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Sun Jun 26, 1966

Suit Number: SC 99/1964

CORAM


ADEMOLA CHIEF JUSTICE, NIGERIA

BAIRAMIAN JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT

IDIGBE JUSTICE, SUPREME COURT


PARTIES


CHIEF OBAFEMI AWOLOWO

APPELLANTS 


 SARKI AND THE ATTORNEY

RESPONDENTS 


AREA(S) OF LAW


Constitutional Law-Fundamental human right-right to be defended- interpretation of Statute

 

 


SUMMARY OF FACTS

This is an appeal by the plaintiff from the judgment of UdoUdoma, J., dated the 10th December, 1962, dismissing the claim of the plaintiff, which was-“(1) for a declaration that (a) the plaintiff is entitled under the Nigeria (Constitution) Order-in-Council to be defended in the Charge No. LA/68C/1962 in which he is the 27th accused person by Mr E. F. N. Gratiaen Q.C., or any other counsel of the plaintiffs choice whether British or indigenous.

 


HELD


The Minister had an absolute discretion to prohibit his entry and that the  provision of the Constitution recognises the legality of the Immigration Act and the right of the plaintiff has not  been breached.

 

 


ISSUES


Whether section 13 of the Immigration Ordinance ought to be read down on the basis that the plaintiff is right in claiming that s.21 (5) (c) of the Constitution of the Federation entitles him to bring into Nigeria for his defence a legal practitioner who was neither a native nor a citizen of Nigeria.

 

 


RATIONES DECIDENDI


QUALIFICATION TO AN ACCUSED PERSON’S RIGHT TO COUNSEL OF HIS CHOICE


‘It is clear that any legal representative chosen must not be under a disability of any kind. He must be someone who, if outside of Nigeria, can enter the country as of right; and he must be someone enroled to practice in Nigeria.’ Per- Ademola, C.J.N

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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