MUHAMMADU BUHARI V. CHIEF OLUSEGUN A. OBASANJO
June 10, 2025ROBERT I. IKWEKI V. MR. JAMES EBELE
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 01061
In the Supreme Court of Nigeria
Fri Feb 25, 2005
Suit Number: SC. 251/2000
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
WALTER S. NKANU ONNOGHEN(Lead Judgment), JUSTICE SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE,SUPREME COURT
PARTIES
HERBERT OHUABUNWA EMEZI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was seeking a declaration of the right of his village to produce the next Eze, yet the action was not brought in a representative capacity. He did not show whether he is a candidate for the position and how he was selected.
HELD
The court held that he had no locus standi to institute the action.
ISSUES
1. Does the appellant lack the locus standi to initiate this action as held by the lower court?2. Was the lower court right to hold that the trial court lacked the competence to entertain the suit? 3. Was the lower court in order when it held that the Awaka Community Edict was wrongly nullified by the trial court? 4. Was the procedure of originating summons rightly used to commence this suit?.
RATIONES DECIDENDI
CASES CITED
1) Momoh & Anor. V. Olotu (1970) NSCC 99 at 104; 2) Obala of Otan-Aiyegbaju V. Adesina (1999) 2 NW/JR (Pt 590) 161 at 184; 3) Erejuwa II. Olu of Warri V. Kperegbeyi (1994) 4 NWLR (Pt.339,) 4164) Madukolu V. Nkemdilim (1962) 2 SCNLR 341; (2001) 3 SCM 185; 5) Oloriode V. Oyebi (1984) 1 SCNLR; 6) Attorney-General of Ekiti State V. Daramola (2003) 10 NWLR (Pt. 82,) 104 at 153;(2003) 8 SCM 1 7) Adesokan V. Adetunji (1994,) 5 NWLR (Pt. 346) 540
STATUTES REFERRED TO
