CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
BERTRAM MEKWUNYE
APPELLANTS
DIRECTOR OF AUDIT (W.N.)
RESPONDENTS
AREA(S) OF LAW
RIGHT OF APPEAL – COURT-JURISDICTION
SUMMARY OF FACTS
The appellant appealed to the High Court from the decision of the respondent surcharging him, his appeal was dismissed and further appealed to the Supreme Court. The local government law under which the respondent acted made no provision for appeals to the Supreme Court.
HELD
The court held that the appellant had no right of appeal to the Supreme Court.
ISSUES
Whether the appellant has a right of appeal to the Supreme Court from the decision of the high court on a surcharged imposed by the respondent under section 207 of the Local Government Law (cap 68 in the 1959 Laws of the Western Region of Nigeria).
RATIONES DECIDENDI
STATUS OF AN APPEAL
1. ‘It is trite that all appeals exists merely by statute, and that where no provision is made for an appeal to lie from a decision of a court its decision is taken to be final.’ Per Bairamian J.S.C
STATUS OF A TRIBUNAL
2. ‘A tribunal is not necessarily a court in the strict sense because it hears witnesses on oath.’ Per Bairamian J.S.C
CASES CITED
1. Moore v. Tayee 2 W.A.C.A. 43 at page 44,
2. Onitiri v. Benson (1960) 5 F.S.C. 150 at page 155
3. in Rola Co. (Australia) Proprietary Ltd. v. The Commonwealth and another (1944) 69 C.L.R. 185
STATUTES REFERRED TO
1. The Local Government Law (cap 68 in the 1959 Laws of the Western Region of Nigeria)
2. The 1963 Constitution