IGBINOGHODUA OGIGIE & ORS VS A.I. OBIYAN

CORAM

MUHAMMADU LAWAL UWAIS CHIEF JUSTICE OF NIGERIA (Presided and Read the Leading Judgment)

ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI

PARTIES

IGBINOGHODUA OGIGIEEKHORUTOMWEN UGBOOMORAGBON (The Odiowere for themselves and on behalf of the Okhumwun Community)OMO NOBA NEDO, UKU AKPOLOKPOLOERUDIAUW A, OBA OF BENIN (To defend by his attorney, Mr. Ayo Aiwerioghene) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The case for the appellants was that the land in dispute belonged to Okhunmwun people and that the people of Iguosa village, who made the grant to the respondent, were their subjects. That it was in exercise of their right as owners of the land in dispute that in 1971 they granted a piece of land measuring 500 feet to Oba Akenzue II, thus rendering the land in dispute as a stool land. That the 1st, 2nd and 3rd appellants defend the suit as representatives of the community of Okhunmwun village. ?

HELD

Appeal dismissed. The decision of the Court of Appeal was affirmed though for different reasons with regard to issue 2. ?

ISSUES

1.Whether the Learned Justices of the Appeal Court (sic) were right in holding that the learned trial judge was right in adjudicating over the land in dispute when he had no jurisdiction to do so.2.Whether the learned Justices of the Appeal Court (sic) were right in failing to pronounce on the issues canvassed before them.?

RATIONES DECIDENDI

WHEN ISSUE OF JURISDICTION CAN BE RAISED

It is settled that the issue of jurisdiction can be raised at any stage of the proceedings up to the final determination of an appeal by the highest court of the land. This is so because it is an issue which goes to the root of the matter as to sustain or nullify the order or decision already made. It is equally settled that the judge or court can also raise the matter suo muotu at any stage . PER KUTIGI, JSC