EGBARAN V IGBAKPAN AKPOTOR
July 2, 2025OKEMIAMERAYE EGBARAN & ORS VS IGBAKPAN AKPOTOR & ORS
July 2, 2025MAJOR-GENERAL ZAMANI LEKWOT (RTD) & ORS VS JUDICIAL TRIBUNAL ON CIVIL AND COMMUNAL DISTURBANCES IN KADUNA STATE
Legalpedia Citation: (1997) Legalpedia (SC) 62118
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Wed Jul 16, 1997
Suit Number: SC.230/1992
CORAM
M.L. UWAIS
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
A.I. IGUH
PARTIES
MAJOR-GENERAL ZAMANI LEKWOT (RTD)JURI B. AYOKMAJOR ATOMIC KUDE (RTD)YUNANA KARAU KIBORIMARKUS MAMMANYAHAYA DUNIYAJULIUS SARKI ZAMAN DABO APPELLANTS
JUDICIAL TRIBUNAL ON CIVIL AND COMMUNAL DISTURBANCES IN KADUNA STATEATTORNEY-GENERAL OF THE FEDERATION RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
APPEAL, INCOMPETENT APPEAL, JUDGEMENT AND ORDER, NULLITY
SUMMARY OF FACTS
The applicant filed in the Supreme Court a Motion Ex-Parte and a Motion on Notice for an order granting a Stay of Proceedings in a suit which was pending before the 1st Respondent. the Tribunal delivered judgment in the said suit in which it convicted the lst and the 3rd-7th Appellants/Applicants of culpable homicides punishable with death.
HELD
On these grounds I have without hesitation come to the conclusion that this application is not properly before us. The circumstances are such that it is only just that the application should be struck-out as incompetent. And it is hereby struck-out. The respondents are awarded costs of one hundred (N 100.00) naira only.
ISSUES
The issue is simply about the jurisdiction of the High Court regarding the ex-parte application made at the High Court by the appellants themselves.
RATIONES DECIDENDI
APPROPRIATE AUTHORITY TO RECEIVE THE DECISION OF THE TRIBUNAL AND CONFIRM, REJECT OR MODIFY IT
Only the Confirming Authority can receive the decision of the Tribunal and confirm, reject or modify it. The Decree No. 55 of 1992 clearly H ousts the jurisdiction of any other court except the Confirming Authority. I wonder, therefore, why the learned counsel should overlook this very vital provision in the Decree and come here.
CASES CITED
KIGO (NIGERIA) LTD. v. HOLMAN BROS. (NIGERIA) LTD. (1980) 5- 0 7 SC. 60;OGUNREMI v. DADA (1962) 1 All NLR 663VASWANl v. SAVALAKH (1972) 1 ALL NLR 4R3SHODEINDE & ORS. v. AHMADlYYA MOVEMENT-IN-ISLAM (1980) 1-2 SC. 163
STATUTES REFERRED TO
Not Available.|
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