EFFIONG UDOFIA V. THE STATE
July 29, 2025SALIU ALABI V. THE STATE
July 29, 2025Legalpedia Citation: (1981) Legalpedia (SC) 35111
In the Supreme Court of Nigeria
Fri Nov 6, 1981
Suit Number: S.C. 69/1980
CORAM
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
AYO G. IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
NIGERIAN NURSES ASSOCIATION S. S. OKEZIE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were a registered Trade Union under the Trade Unions Decree 1973; and properly took two actions in the High Court, Kaduna, on 30th November, 1977 and 6th January 1978 which actions were consolidated; the actions were heard and judgment given on 12th October, 1978; by a decree which was promulgated on 15th August, 1978, the certificate of registration of the appellants was cancelled and the cancellation made to have retrospective effect from 3rd August,1977.
HELD
This appeal must be, and is hereby, dismissed. The judgment of the Federal Court of Appeal, which set aside the judgment of the Kaduna High Court and dismissed the plaintiffs case, is hereby upheld. The respondents will have the cost of this appeal which is fixed at N300.00.
ISSUES
Whether the plaintiffs had ceased to exist as from the date of the Amending Decree, namely, 3rd August, 1977,
RATIONES DECIDENDI
LEGAL PERSONALITY OF STATUTORY BODIES.
The powers of amendment possessed by the courts may be, and so often are, most beneficial in enabling the courts to amend proceedings where the justice of a case so demands. This, however, cannot be used to bring into being what does not exist. The name of a person, who is in being, in a natural state or in contemplation of law, may be wrongly written and may, by correction, be remedied; but no amount of correction can bring a non-existent person into existence, or cloak him with juristic personality, subject, of course, to the rules as to transmission of interest on death and as to probate. Per A. N. ANIAGOLU, JSC
CASES CITED
1. Agbonmagbe Bank Ltd. v. General Manager, G.B. Ollivant Ltd. (1961) 1 All NLR 116
2. Manager, SCOA., Benin City v. G.S. Momodu S.C.23/1964 (unreported)
STATUTES REFERRED TO
1. Trade Unions (Central Labour Organisations) (Special Provisions) Decree 1976, No. 44 of 1976.
2. Trade Unions (Amendment) Decree 1978 No. 22 of 1978
