ANIREJU UKUDANO & ANOR V SUNDAY KEREGBE & ORS
May 30, 2025ALHAJI ATIKU ABUBAKAR, G.C.O.N & 2 ORS V ALHAJI UMARU MUSA YAR’ADUA & ORS
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 76011
In the Supreme Court of Nigeria
Fri Jan 25, 2008
Suit Number: SC 141/2005
CORAM
ALOYSIUS IYORGYER KATSINA-ALU
SUNDAY AKINOLA AKINTAN
WALTER SAMUEL NKANU ONNOGHEN
IBRAHIM TANKO MUHAMMAD
PIUS OLAYIWOLA ADEREMI
PARTIES
OKON BASSEY EBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appearance of counsel for the respondent was disallowed on the grounds of non production of fiat of the attorney general and the appeal at the High Court was subsequently struck out for non- appearance of the respondent. The court of appeal set aside the decision of the trial court.
HELD
The court dismissed the appeal.
ISSUES
Whether the Court of Appeal was right in setting aside the order of the High Court striking out the appeal of the respondent for failure of the respondent to comply with Order 44 Rule 10 (1) of Cross River State High Court Civil Procedure Rules 1987? ?
RATIONES DECIDENDI
WHETHER A PARTY MUST APPEAR IN COURT IN ALL CIRCUMSTANCES
There is no law compelling any party to appear physically in court…. All that is necessary, in the interest of good administration of justice, is that the working of a court of law is not stalled by non-appearance or even the appearance of a party to the court before it – Aderemi J.S.C
PROPER EXERCISE OF JUDICIAL DISCRETION
For a judicial discretion to be properly exercised, it must be founded upon the facts and circumstances presented to the court from which the court must draw a conclusion governed by law and nothing else. The exercise of that discretion must be honest and in the spirit of the statute, otherwise, any act so done will not find a solace in the statute and such a discretionary act must be set aside- Aderemi J.S.C
DURATION OF A FIAT GIVEN FOR THE PROSECUTION OF A CASE
Once a fiat is granted to a Counsel to prosecute or defend a case, the validity of the fiat would continue throughout the duration of the case for which the fiat was granted- Aderemi J.S.C
CASES CITED
1. Unilag & Ors v. Olaniyan & Or. (1985) 1 S.C. 2952. Kehnde v. Ogunbunmi & Ors. (1968) NMLR 37 3. Atake v. Afejuku (1994) 9 NWLR (Pt. 368) 379
STATUTES REFERRED TO
NONE
