MR. TAIWO ILARI OGUN VS MR. MOLIKI AKINYEMI & ORS
June 10, 2025EMMANUEL ABARSHI VS COMMISSIONER OF POLICE
June 10, 2025Legalpedia Citation: (2004) Legalpedia (SC) 69411
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Dec 9, 2004
Suit Number: SC. 218/2000
CORAM
UTHMAN MOHAMMED JUSTICE, SUPREME COURT
U. A. KALGO
G. A. OGUNTADE
PARTIES
JOHN EBHODAGHE APPELLANTS
MR. MIKE OKOYE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial court decided to take the issue of jurisdiction before the issue of jurisdiction raised by the respondent.
HELD
The court held that the court of appeal was in error in setting aside the order of the trial judge.
ISSUES
1. Was the Court of Appeal right when it held, in effect that a Court faced with an act of contempt in facie curiae and also an issue of jurisdiction is bound to deal first with the issue of jurisdiction? 2. Did the failure of the Court of Appeal to make a determinative ruling on issues regarding the correctness and applicability of an authority cited and relied upon by the Appellants occasion a miscarriage of justice?
RATIONES DECIDENDI
CASES CITED
1. Madukolu V. Nkemdilim (1962) 2 SCNL 341; (2001) 3 SCM, 185|2. Mobil V. Assan (1995) 8 NWLR (Pt. 412) 125|3. Ndaeyo V. Ogunnaya (1997) 1 SC 11|4. Onyeama & Ors V. Oputa & Anr (1987) 3 NWLR (pt. 60) 259|5. Osadebay vs. A. G. Bendel State (1991) 1 NWLR (Pt. 162) 525|6. Oscroft V. Banebo (1967) 2 All E.R 557
STATUTES REFERRED TO
None|
