OLAIDE IBRAHIM VS S.A. OJOMO (NOW DECEASED)
June 12, 2025FORTUNE INTERNATIONAL BANK PLC VS PEGASUS TRADING OFFICE (GMBH)
June 12, 2025Legalpedia Citation: (2004) Legalpedia (SC) 46656
In the Supreme Court of Nigeria
Fri Jan 30, 2004
Suit Number: SC. 262/2000
CORAM
ALOYSIUS IYORGYER KATSINA-ALU,JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME COURT (Lead Judgment)
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
GRACE JACK APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant instituted action in the state high court to enforce her fundamental human rights in respect of her dismissal from employment.
HELD
The court held that both State and Federal High Courts have concurrent jurisdiction in respect of enforcement of fundamental Human Rights but breach of contract of employment was not covered by the Fundamental Rights Enforcement Procedure.
ISSUES
1. Whether the trial court is a High Court in Benue State as envisaged by Section 42(1) of the 1979 (Constitution) as to confer it jurisdiction over the appellant’s application for breach of her Fundamental Right to fair hearing against her employers University of Agriculture, an agency of the Federal Government.2. Whether the claim of the plaintiff was a claim for the enforcement of her fundamental right or a claim for breach of contract.
RATIONES DECIDENDI
CASES CITED
1. Tukur V. Government of Gongola State (1989) 4 NWLR (Pt. 117) 6I 7 2. Alhaji Umaru Abba Tukur V. The Government of Taraba State & ors (1997) 6 N.W.L.R. (Pt.510) 549.3. Ali V. C.B.N. (I 987) 4 NWLR (Pt. 498) 1924. Egbuonu V. Borno Radio Television Corp. (1987) 12 N.W.L.R. (PT. 531) 295. Madukolu & ors V. Nkemdilim (1962) A.N.L.R. 581; (2001) 3 SCM
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1979
