ABU IDAKWO V. LEO EJIGA
June 18, 2025NWEKE NWOKEDI V. EKWENUGU OKUGO
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 81452
In the Supreme Court of Nigeria
Fri Jul 12, 2002
Suit Number: SC.149/97
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
IDRIS LEGBO KUTIGI, USTICE, SUPREME COURT
PARTIES
ORTHOPAEDIC HOSPITALS MANAGEMENT BOARD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The court of appeal raised suo motu the question of whether or not the lower court had jurisdiction to entertain the suit in view of Constitution (1979) (Suspension and Modification) Decree No. 107 of 1993. The said enactment came into force at about the time the trial court was delivering judgment.
HELD
The court allowed the appeal and held that the Decree did not operate retrospectively and ordered a rehearing by another panel of the court of appeal.
ISSUES
1. Whether the Court of Appeal was correct to have raised the constitutional issue of the jurisdiction of the lower court suo motu and proceeded to take argument on the point immediately without affording the parties an opportunity to prepare for an argument on the point, especially as it involved a constitutional issue, when the Appellant’s Counsel having not had prior notice of the development was not present in court, and the Appellant’s representative in court was only a layman.2. Whether the Kano State High Court truly lacked the jurisdiction to have tried the case and given judgment thereon, having regard to the provisions of Decree 107 of 1993 and Decree No. 60 of 1991 vis-a-vis the subject matter of the Suit; and having regard also to the fact that the action was commenced in November 1992 before promulgation and the commencement of Decree No.107 of 1993.
RATIONES DECIDENDI
REPEAL OF LEGISLATION – EFFECT OF ON EXISTING RIGHTA, PRIVILEDGES OR OBLIGATIONS OF PERSONS THEREAFTER
It is a cardinal principle of law that, unless it affects purely procedural matters, a statute cannot apply retrospectively unless it is made to do so by clear and express terms – Mohammed J.S.C.
CASES CITED
Privy Council in Colonial Sugar Refining Co. Ltd. v. Irving (1905) A.C. 369Ibadan v. Adamolekun (1967) NSCC 210Are v. Attorney-General of Western Region (1960) NSCC 76 at 77
STATUTES REFERRED TO
Decree No. 107 of 1993
