CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE SUPREME COURT
PARTIES
1. ENGINEER GOODNEWS AGBI2. ANTHONY ALABI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties agreed to determine whether anyone was convicted by the Bwari upper area court on the basis of which Exhibit A was admitted by consent. The plaintiff had claimed that James Onanefe Ibori was an ex convict on the basis of the exhibit.
HELD
The court held that a certain James Onanefe Ibori was convicted in Exhibit A and that the mere fact that the court in exhibit A made some mistakes did not nullify the proceedings.
ISSUES
1. What was the sole issue tried by the High Court in this case.2. In the light of the answer to Question (i) -(a) Was it open to the Court of Appeal to comment upon and to criticize the course pursued by the High Court and the parties in agreeing to try the sole issue as a preliminary issue?and(b) In any event were the comments and criticism of the Court of Appeal justified?3. Whether Exhibit ‘A is admissible in evidence for the purpose of the determinationof the sole issue before the High Court.4. Whether the proceedings in Exhibit ‘A are valid and remain valid unless they are set aside on appeal (as the Court of Appeal has decided) or whether they are void for want of jurisdiction (as the Appellant herein contends).?
RATIONES DECIDENDI
CASES CITED
1. Mosheshe General Merchant Ltd. V. Nigeria Steel Products Ltd (1987) 2 NWLR (pt.55) 110 2. Akanbi V. Alao (1989) 3 NWLR (pt.108) 118 at 1413. Akibu V. Opaleye (1974) 1 ALL NLR (pt.2) 344; 4. Fatoyinbo V. Williams (1956) SCNLR 274; 5. Atolagbe V. Shorun (1985) 1 NWLR (pt.2) 360; 6. Awoyale V. Ogunbiyi (1986) 2 NWLR (pt.24) 626; 7. Shell B.P. PetroleumDev. Co. Ltd V. Cole (1978) 3 S.C. 183?
STATUTES REFERRED TO
None.