CORAM
MUHAMMADU LAWAL UWAIS CHIEF JUSTICE OF NIGERIA (Presided)
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT
BELLO, CHIEF JUSTICE OF NIGERIA
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
PARTIES
1. MAJOR-GENERAL ZAMANI LEKWOT (RTD)2 JURI B. AYOK3. MAJOR ATOMIC KUDE (RTD)4. YUNANA KARAU KIBORI5. MARKUS MAMMAN6.YAHAYA DUNIYA7. JULIUS SARKI ZAMAN DABO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
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. PER BELGORE, JSC
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
NONE