Just Decided Cases

GEORGE I. U. OBAYUWANA V GOVERNOR BENDEL STATE

Legalpedia Citation: (1982) Legalpedia (SC) 71613

In the Supreme Court of Nigeria

Fri Dec 3, 1982

Suit Number: SC. 16/1982

CORAM


IRIKEFE, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

UWAIS, JUSTICE, SUPREME COURT

ESO, JUSTICE, SUPREME COURT

NNAMANI, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT


PARTIES


GEORGE I.U. OBAYUWANA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant applied for the post of a member of customary court and was appointment on contract for one year. His contract was renewed for eighteen months. Upon the emergence of the first respondent, Professor Ambrose Alli, as civilian Governor of the State an Order revoking the appointments of Presidents and Members of customary courts in the State was published.


HELD


The Court held that the appeal succeeds, the judgment of the Federal Court of Appeal together with the award of costs thereon, is hereby set aside; and the judgment of, together with the order for costs to the appellant by the respondents made by, the Bendel State High Court be and is hereby restored; in addition the appellant is to have his remuneration up to and including the 25th March, 1981.


ISSUES


Whether the appellant is still a member of the Customary Court aforesaid and entitled to his normal salaries and/or benefits?


RATIONES DECIDENDI


MEANING OF EXISTING LAW


“existing law means any law and includes any rule of law or any enactment whatsoever which is in force after that date” Idigbe, JSC.


LEGAL MAXIMS


“The maxim of the law is lex non cogit ad impossibilia.” Idigbe, JSC.


CASES CITED


1. A.G. for Ogun State v. The Federation (decided on 5th February, 1982 and reported in (1982) 3 NCLR 166 at 179, (1982) 1-2 S.C. 13 at 43

2. P.O. Ewerami v. African Continental Bank Ltd. (1978) 4 S.C. 99

3. Reilly v. The King (1934) AC 176.

4. Marshall v. Granvill (1917) 2 KB 87


STATUTES REFERRED TO


NONE


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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