MERCHANTS BANK LTD VS FEDERAL MINISTER OF FINANCE
September 8, 2025OMOHODION OBADENEJI VS COMMISSIONER OF POLICE
September 8, 2025Legalpedia Citation: (1961-10) Legalpedia 52891 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Oct 27, 1961
Suit Number: SC. 327/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
MBANEFO, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMMISSION OF POLICE
RESPONDENTS
AREA(S) OF LAW
CONSTITUTIONAL LAW – REFERENCE OF A POINT OF LAW- SECTION 108 THE NIGERIA (CONSTITUTION) ORDER IN COUNCIL, 1960
SUMMARY OF FACTS
The appellants applied for reference of the application of the constitution as it relates to their rights during a criminal trial to the Federal Supreme Court under section 108 the Nigeria (Constitution) Order in Council, 1960.
HELD
The court held that no substantial issue was raised and that what is referable is the question of interpretation of the constitution and not its application to particular facts.
ISSUES
Whether the appellants’ application for reference to the Federal Supreme Court is competent under section 108 the Nigeria (Constitution) Order in Council, 1960.
RATIONES DECIDENDI
THE PURPORT OF SECTION 108 THE NIGERIA (CONSTITUTION) ORDER IN COUNCIL, 1960.
‘The first requirement for a reference under section 108(2) is that a question should be raised as to the interpretation of the Constitution. Secondly, the Court must be satisfied that the question involves a substantial question of law.’ Per Mbanefo, C.J.E.R
MEANING OF SUBSTANTIAL QUESTION OF LAW
‘In order to be substantial, the issue must be such that there may be some doubt or difference of opinion as to what the law is. When no such doubts exists, or the law is well established by a final Court of Appeal, or by an overwhelming consensus of judicial decisions, the mere application of it to a particular set of facts does not constitute a substantial question of law.’ Per Mbanefo, C.J.E.R
CASES CITED
Otuguor Gamioba and Others v. Esezi 11, The
Ohiara v. C.P. Syndicate, (1949), 4 D.L.R. 20 (Bom).
Abdur Rahman v. Raghbir, (1951), 6 D.L.R. lm (Simla)Onodfie of Okpe, and Others – (FSC. 120/1961),(1961) All N.L.R. 584.
STATUTES REFERRED TO
The Nigeria (Constitution) Order in Council, 1960
