CHIEF KARIMU AJAGUNJEUN & ORS V SOBO OSHO OF YEKU VILLAGE & ORS
August 6, 2025DR. AKINLADE ORE FALOMO V LAGOS STATE PUBLIC SERVICE COMMISSION
August 6, 2025Legalpedia Citation: (1977-05) Legalpedia (SC) 15311
In the Supreme Court of Nigeria
Fri May 20, 1977
Suit Number: SC. 420/1975
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
CHIKE ARAH AKUNNIA
APPELLANTS
THE ATTORNEY-GENERAL ANAMBRA STATE OF NIGERIA & ORS (Substituted by order of Court, for the Attorney-General, East-Central State and others)
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE-FUNDAMENTAL RIGHTS-COMMENCEMENT OF ACTION
SUMMARY OF FACTS
The appellant sought to bury his brother but was barred by the Public Order (Maintenance) Edict 1975 which banned by public meetings in the east central states. The appellant sought a declaration that the edict was in breach of his fundamental rights and so illegal, unconstitutional and void.
HELD
The court held that the Originating Notice of Motion was the proper method by which to institute proceedings for fundamental rights where the rules of court did not specify the procedure.
ISSUES
Whether the procedure by Originating Notice of Motion is appropriate for approaching the court for a request to have a matter in difference, under the provisions of Chapter III of the Constitution of the Federation.
RATIONES DECIDENDI
PROCEDURE TO DETERMINE A MATTER IN DIFFERENCE
A citizen who approaches the court with a request to have a matter in-difference between him and another determined and relief granted, where the right to determine such a matter and grant relief in the circumstances is clearly invested in the court by Statute, should not be driven from the judgment seat merely on the ground that the rules of practice and procedure for approaching the court with such a request have not been made. The short answer, is that an Originating Notice of Motion is the most appropriate method of making an application to court in those circumstances. PER IDIGBE JSC
CASES CITED
1. FAJINMI V. THE SPEAKER WESTERN HOUSE OF ASSEMBLY (1962)1 ALL NLR 205
2. AOKO V.FAGBEMI & ANOR. (1961)1 ALL NLR 400
3. RE SQUIRES SETTLEMENT (1946)115 LJ
4. RE MEISTER LUCIUS &BRUNING LTD (1914) W.N 390
STATUTES REFERRED TO
1. PUBLIC ORDER (MAINTENANCE) EDICT 1975
2. HIGH COURT LAW CAP 61 OF 1963 EDITION OF THE LAWS OF EASTERN NIGERIA
