JURISDICTION – DUTY ON COURTS TO OBSERVE THE PROCEDURE AS SPECIFICALLY PROVIDED BY THE RULES IN ORDER TO HAVE JURISDICTION
“For the Court to have jurisdiction, the procedure specifically provided for must be followed as the Rules have same force of law as the Constitution itself. See also Uti v Federal Road Safety Commission (2001) 1 CHR 434”. PER M.U.PETER- ODILI, J.S.C.
ARBITRATION CLAUSE – IMPLICATION OF AN ARBITRATION CLAUSE
“An arbitration clause is only procedural and does not exclude or limit rights or remedies but merely provides procedure under which the parties may settle their grievance since as in this instance a resort to the courts was not ruled out. This I agree with. I place reliance on Commissioner of Lands V Edo- Osagie & Ors (1974) 12 SC 117; Confidence Insurance Ltd .V. Trustees of O.S.C.E. (1999) 2 NWLR (Pt.591) 373”. PER M.U. PETER- ODILI, J.S.C.
ARBITRATION CLAUSE – EFFECT OF AN ARBITRATION CLAUSE IN AN AGREEMENT
“The effect of an arbitration clause in an agreement was well stated in: Royal Exchange Assurance Vs Bentworth Finance (Nig) Ltd.(1976) 11 SC (Reprint) 96 @ 107 lines 22 – 30 thus: ‘An arbitration clause in a written contract is quite distinct from the other clauses. Whereas the other clauses in a written contract set out obligations which the parties undertake towards each other, the arbitration clause merely embodies the agreement of both parties that if any dispute should occur with regard to the obligations which the other party has undertaken to the other, such dispute should be settled by a tribunal of their own constitution or choice. The appropriate remedy therefore for a breach of a submission is not damages but its enforcement”. See also: Obembe Vs Wemabod Estates Ltd. (1977) 5 SC(Reprint) 70”. PER K.M.O.KEKERE- EKUN, J.S.C
WRIT OF CERTIORARI – PURPOSE OF A WRIT OF CERTIORARI
“In the case of: Nwaoboshi Vs Military Governor, Delta State & Ors. (2003) 5 SC 120; (2003) 11 NWLR (Pt.831) 305 @ 318 D – E, Uwaifo, JSC stated the purpose of a writ of certiorari thus: “The writ {of certiorari} is issued in order that the court may bring the proceedings of the inferior tribunal or court before it for inspection and if there is due cause disclosed to quash them. It lies only against bodies exercising judicial or quasi-judicial authority and in respect of acts performed by them in that capacity.” PER K.M.O.KEKERE- EKUN, J.S.C
ORDER OF CERTIORARI – SIGNIFICANCE OF AN ORDER OF CERTIORARI
“Fabiyi, JSC in: Judicial Service Commission of Cross River State Vs Young (2013); 11 NWLR (Pt.1364)1; (2013) 12 SCM 98; (2013) 56 NSCQR 577 @ 614 – 615 E – A referred to the textbook Practice and Procedure of the Supreme Court, Court of Appeal and High Courts of Nigeria (1995 edition) by T. Akinola Aguda at pages 654 – 655, wherein the learned author (of blessed memory) stated the purport of an order of certiorari as follows:
“Certiorari is one of the prerogative writs whose main function is to ensure that inferior courts or anybody entrusted with performance of judicial or quasi judicial functions keep within the limits of the jurisdiction conferred upon them by statutes which create them. Therefore, an order of certiorari will lie to remove into the High Court for purpose of being quashed any judgment, orders, convictions or other proceedings of such inferior courts or body, civil or criminal made without or in excess of jurisdiction.”Per Rhodes-Vivour, JSC at page 618 E – G (supra): “Certiorari is one of the prerogative writs, the other mandamus, used by the court to restrain the abuse or misuse of power, or to correct errors of law, wrong exercise of discretion by tribunals, public authorities and Government Officials, Once a public authority acts judicially or administratively its conduct is subject to control by the courts by means of certiorari or mandamus” PER K.M.O.KEKERE- EKUN, J.S.C
Statutes Referred to:
Arbitration Act 2004 cap A18
Commission of Inquiry Law, Laws of Northern Nigeria 1963
Evidence Act 2011
Federal High Court Rules 20I3 (as amended
Fundamental Rights (Enforcement Procedure Rules) 1980
High Court (Civil Procedure) Rules of Benue State
Attention, Nigerian Lawyers! Ever wished for a legal companion that anticipates your needs and empowers…
Legalpedia AI Analysis Result of the Nigeria Startup Act, 2022. Key Provisions, Principles, and Obligations…
Every lawyer needs advocacy skills to be able to win cases in court. According to…
Here's a classical conversational story on the Legalpedia-Connect Platform for lawyers. Enjoy the conversation. Once…
THE ULTIMATE COMMUNITY, COLLABORATION AND LEGAL RESEARCH SOCIAL MEDIA PLATFORM FOR LAWYERS. I used to…
The Ultimate Legal Community, Collaboration and Research Platform is here for you. If you’ve ever…