ALHAJI AMINU ISHOLA VS SOCIETE GENERALE BANK (NIG.) LIMITED
July 4, 2025BEN I. IHENACHO & ANOR VS UME UZOCHUKWU & ANOR
July 4, 2025Legalpedia Citation: (1997) Legalpedia (SC) 55151
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Sun Feb 9, 1997
Suit Number: SC.218/1994
CORAM
A.B. WALI
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
U. MOHAMMED
O. OLATAWURA JUSTICE, SUPREME COURT
A.I. IGUH
PARTIES
MILITARY GOVERNOR OF IMO STATEATTORNEY-GENERAL OF IMO STATE APPELLANTS
CHIEF B. A. E. NWAUWA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
ADMINISTRATIVE LAW, JUDICIAL REVIEW
SUMMARY OF FACTS
The plaintiff/respondent was, one time, the Eze (traditional ruler) of an autonomous Community in Imo State. He was so recognised by the Military Governor of Imo State by a certificate of recognition . Following allegations made against him by some members of the community which led to disturbances in the area , the Military Governor appointed a Panel of Inquiry to investigate the allegation .The white paper contained the decision of the Governor to withdraw recognition of the plaintiff as the Eze of the Autonomous Community.
HELD
The final conclusion I reach is that this appeal succeeds and it is hereby allowed. The judgment of the Court of Appeal is set aside and I hereby restore the judgment of the trial High Court. I award to the defendants/appellants N1,000.00 costs of this appeal and NI,500.00 as costs in the court below.
ISSUES
1 Whether the respondent’s Right of Fair Hearing was breached.” 2 Whether the principle of severance does not apply to the case;
RATIONES DECIDENDI
PRINCIPLES TO BE BORNE IN MIND BY A REVIEWING COURT:-
The following principles are to be borne in mind by a reviewing court:-
(a) judicial review is not an appeal;
(b) the court must not substitute its judgment for that of the public body whose decision is being reviewed;
(c) the correct focus is not upon the decision but the manner in which it was reached;
(d) what matters is legality and not correctness of the decision
(e) the reviewing court is not concerned with the merits of a target activity.
In a judicial review the court must not stray into the realms of appellate jurisdiction for that would involve the court in a wrongful usurpation of power
CASES CITED
R. v. Secretary of State for the Home Department, Ex parte Brind (1991) 1 AC 696, 727/G.Associated Provincial Picture Houses Ltd. V Wednesbury Corporation (1948) 1 KB 223.234 Chief Constable of the North Wales Police v. Evans (1982) 1 WLR 1155, 160FChief S.B.O. Orisakwe v. The Governor of Imo State and ors (1982) 3 NCLR 745.Alhaii D.S. Adegbenro v. Chief S.L. Akintola & Anor (1962) 1 All NLR 442Alhaji Abdullahi Baba v. Nigeria Civil Aviation Training Centre & Anor (1991) 5 NWLR (Pt. 192) page 388 Miller v. Minister of Health (1946) KB AC 120;Local Government Board v. Arlidge (1915) AC 120;
STATUTES REFERRED TO
Commission of Inquiries Law Cap 24 Laws of Eastern Nigeria Traditional Rulers and Autonomous Communities Law, No.11 of 1981Traditional Rulers and Autonomous Communities Law 1980 being Law 11 of 1981 Imo State|
