Legalpedia Citation: (2012) Legalpedia (SC) 11161
In the Supreme Court of Nigeria
Tue Apr 17, 2012
Suit Number: SC. 281/2010
CORAM
PARTIES
HON. JUSTICE RALIAT ELELU-HABEEB (CHIEF JUDGE OF KWARA STATE)NATIONAL JUDICIAL COUNCIL APPELLANTS
THE HON. ATTORNEY GENERAL OF THE FEDERATION & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The action that gave rise to the present appeal number Sc. 281/2010 was brought by Originating Summons filed on 6th May, 2009 at the federal High Court Ilorin by Honourable Justice Raliat Elelu-Habeeb, as plaintiff against the National Judicial Council, the Hon. Attorney General of the Federation, the Hon. Attorney General Kwara State and the House of Assembly of Kwara State as Defendants.?
HELD
Appeal allowed., cross-appeal dismissed.?
ISSUES
1.Whether having regard to the two questions submitted for determination and the reliefs sought by the Appellant in the Originating Summons, the Court below was right in holding that the Federal High Court lacked jurisdiction to entertain and determine the appellant’s suit.?
RATIONES DECIDENDI
CASES CITED
Ngige v Obi (2006) All F.W.L.R. (Pt. 3300 1041 at 1088Societe General Bank Nig. Ltd v Afokoro (1999) 11 N.W.L.R. (Pt. 628) 521 at 537-538Mobil Production (Nigeria) Unlimited v Monokpo (2003) 18 N.W.L.R. (Pt. 852) 346 at 398-39Madukolu v Nkemdelim (1962) All N. L.R. (Pt. 3) 581 at 589 -590
STATUTES REFERRED TO
Section 251(1) (p)(q)(r) of the 1999 Constitution.
Section 271 of the 1999 Constitution.