CORPORATE AFFAIRS COMMISSION & ANOR VS IKENNA OKEKE
February 27, 2025POMTD KASUWAV VS NIGERIAN NAVY
February 27, 2025Legalpedia Citation: (2024-08) Legalpedia 66383 (CA)
In the Court of Appeal
KANO JUDICIAL DIVISION
Fri Aug 23, 2024
Suit Number: CA/IL/SH/1/2022
CORAM
Muhammed Lawal Shuaibu JCA
Abubakar Muazu Lamido JCA
Mohammed Ahmed Ramat JCA
PARTIES
1. MAIMUNA MOHAMMED
2. INNA FATIMOH (Who are the 2nd & 3rd wives who survived Major Mohammed, suing for themselves and as mothers and guardians of)
3. ALMUSTAPHA MOHAMMED
4. ABUBAKAR MOHAMMED
5. SARAT MOHAMMED
6. SALAMOTU HASSAN
APPELLANTS
1. NIKE MOHAMMED
2. EVANG (MRS) OLABISI MOHAMMED
RESPONDENTS
AREA(S) OF LAW
1. Jurisdiction
2. Inheritance Law
3. Islamic Law
4. Family Law
5. Administration of Estates Law
SUMMARY OF FACTS
The appellants, comprising the surviving 2nd and 3rd wives of Major Mohammed, initiated legal proceedings for the distribution of the deceased’s estate under Islamic Law. They sought orders directing the distribution of N23,588,000 from the deceased’s account, as well as personal belongings, in accordance with Islamic Law. The respondents challenged the jurisdiction of the trial Upper Area Court, arguing that because the deceased had been married under the Marriage Act, his estate should be governed by the Administration of Estates Law of Kwara State, which they claimed excluded Islamic Law.
The trial court ruled in favor of the appellants, applying Islamic Law to the case. Dissatisfied, the respondents appealed to the Sharia Court of Appeal of Kwara State, which reversed the trial court’s decision, ruling that the estate should be governed by the Administration of Estates Law due to the deceased’s Christian marriage under the Marriage Act. This decision prompted the appellants to appeal to the Court of Appeal.
HELD
The Court of Appeal allowed the appeal and reinstated the decision of the trial Upper Area Court. It held that the estate of the deceased should be governed by Islamic Law, not the Administration of Estates Law of Kwara State, as the deceased lived and died a Muslim, and was married under Islamic Law in addition to his Christian marriage. The Court also held that there was no abuse of court process.
ISSUES
1. Whether the trial Upper Area Court had jurisdiction to hear and determine the matter under Islamic Law?.
2. Whether the Administration of Estate Law of Kwara State or Islamic Law applied to the deceased’s estate?.
3. Whether the deceased ceased to be a Muslim by contracting a marriage under the Marriage Act?.
4. Whether the appellants’ suit constituted an abuse of court process due to the existence of an earlier suit?.
RATIONES DECIDENDI
ROLE OF COURT
The jurisdiction of a Court or tribunal is not inferred or imagined but statutory. It is confined, limited, and circumscribed by the statute creating it.
– Per Muhammed Lawal Shuaibu J.C.A.
ISLAMIC LAW AND ESTATES
The deceased cannot opt out of the application of Islamic Personal Law except he denounces his Islamic faith, which was not the case at all.
– Per Muhammed Lawal Shuaibu J.C.A.
EXCEPTION
The Administration of Estate Law of Kwara State shall not apply to a person whose estate is governed by Islamic Law.
– Per Muhammed Lawal Shuaibu J.C.A.
CASES CITED
Not Available
STATUTES REFERRED TO
1. Area Court Law Cap. A9, Laws of Kwara State 2006
2. Area Courts (Amendments) Laws 2013
3. Administration of Estates Law Cap. A1, Laws of Kwara State
4. Marriage Act
5. Constitution of the Federal Republic of Nigeria, 1999 (as amended)
