OMOHODION OBADENEJI VS COMMISSIONER OF POLICE
September 8, 2025MUKETE VICTOR & ORS VS NIGERIAN BROADCATING CORPORATION
September 8, 2025Legalpedia Citation: (1961-09) Legalpedia 19108 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Oct 9, 1961
Suit Number: S.C. 120/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
MBANEFO, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
ESEZI II, THE ONODJIE OF OKPE & ORS
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CONSTITUTIONAL LAW – LOCUS STANDI-REFERENCE OF POINT OF LAW
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
An application was made for a reference of a constitutional issue to the Federal Supreme Court, the application was granted and the High Court transferred the whole proceedings.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the order transferring the proceedings was improper and struck out the application.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the order of reference of the lower court is competent.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. INTERPRETATION OF CONSTITUTION.
‘What may be referred to this Court under the subsection is a question of law as to the interpretation of a constitution, and the subsection confers no power to transfer a case for hearing and determination.’ Per Brett F.J
2. INTERPRETATION OF CONSTITUTION.
‘Except where the question involves the jurisdiction of the court or the competency of the proceedings, the proper time for referring a question as to the interpretation of a constitution to this Court will normally be after the Court below has heard and determined the other issues arising in the proceedings.’ Per Brett F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Weed v. Ward, (1889), 40 Ch. D. 555
Olawoyin v. Attorney-General Northern Region, (FSC. 290/1960), (1961) All N.L.R. 269
Director of Public Prosecutions v. Chike Obi, (F.S.C. 56/1961), (1961) All N.L.R. 186
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Constitution Order in Council 1960 Laws of Nigeria No. 159 of 1960
