JOHN PETER VS THE STATE
July 4, 2025JOHN PETER VS THE STATE
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 11139
In the Supreme Court of Nigeria
Fri Mar 7, 1997
Suit Number: SC. 230/1994
CORAM
PIUS OLAYIWOLA ADEREMI, JSC: (Lead Judgment), JUSTICE, SUPREME COURT.(Lead Judgment).
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT (Read the Leading Judgment)
SYLVESTER UMARU ONU
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
LAWANI ADESOKANTIJANI ADETOKUNALHAJI SALAWU OLADOYINWAIDI ADEYEMI (For themselves and on behalf of Gbanbgade Erun Ruling of the Onitede of Tede Chieftaincy) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs sued the defendant claiming the chieftaincy stool of Tede and Injunction. The defendants filed an objection which was dismissed; the defendant appealed. ?
HELD
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12The court held that the plaintiff has locus standi and the claim disclosed good cause of action and the appeal by the defendant fails.
ISSUES
Whether it is sufficient for the Plaintiff to state that he is a member of the family or that he has an interest in the chieftaincy. ?
RATIONES DECIDENDI
JUDGMENT GIVEN WITHOUT JURISDICTION
“Any written judgment given by a judge after he had ceased to be a judge of the Court of Appeal would be given without jurisdiction and would consequently be a multiply”.- Per Ogundare JSC.
WHEN A JUDGE DIES BEFORE DELIVERY OF JUDGMENT
Where one of the members of an appellate Court dies after the hearing but before judgment has been delivered, It would seem that a judgment written by the deceased member before his death may be adopted by one of the other members as his own, if it is to stand as part of the decision of the court”. – Per Ogundare JSC.
BASIS OF LOCUS STANDI
The issue of locus standi is not dependent on the success or merit of a case but on whether the plaintiff has sufficient interest in the subject matter of the dispute- Per Ogundare JSC.
CASES CITED
(1) Ogbuyiya vs. Okudo (1979 69 SC 32(2) Nyako vs. Akomah 14 WACA 427(3) Anyadike vs. Dr Adi (1985) 1 NWLR Part 2 342(4) Lawani Adesolan vs. Sunday Adetunji (19994) 5 NWLR Part 346(5) Attorney General Imo State vs. Attorney General Rivers State (1983) 2 SCNLR 108. Etc.?
STATUTES REFERRED TO
(i) Constitution- FRN(ii) Court of Appeal Act(iii) Supreme Court Rules.
