CLEMENT OBRI VS THE STATE
July 3, 2025MADAM ASIMOWU ODUSOGA & ANOR VS L.L. RICKETTS
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 29061
In the Supreme Court of Nigeria
Fri Jul 4, 1997
Suit Number: SC. 86/1996
CORAM
BELGORE JUSTICE, SUPREME COURT
OGUNDARE JUSTICE, SUPREME COURT
MICHEAL EKUNDAYO OGUNDARE, JUSTICE, SUPREME COURT
ONU JUSTICE, SUPREME COURT
PARTIES
OWENA BANK (NIGERIA) PLC APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff sought an interim order of injunction against the respondent/defendant at the Federal High Court. The Court granted the application. The respondent applied to the Court of Appeal for leave to appeal, as an interested party against a ruling delivered by Audu Kafarati, J. of Federal High Court. Lagos. It was granted. The appellant appealed to this Court being dissatisfied.
HELD
It is for the above reasons I announced that this appeal had succeeded and I allowed it. The respondent has no legally recognisable interest to be granted leave to appeal as an interested party from the ruling of Abdu-Kafarati, J. Secondly, the order of the Court of Appeal which granted the respondent extension of time within which to seek leave to appeal, leave to appeal and extension of time to appeal is hereby set aside. The motion filed by the respondent on 13th March, 1996 is hereby struck out. The appellant is entitled to the cost of this appeal which I assess at N1,000.00
ISSUES
Whether the applicant is a person having an interest within the meaning and intendment of Section 222(a) of the Constitution 1979 and entitled to appeal against the Ex-parte Order of the 23rd of February,1996If the answer to (a) is in the affirmative whether the Court of Appeal was competent to grant the applicant’s application having regard to the reliefs sought for by the applicant.Whether the Court below was right in coming to a decision without first recording and considering the objections and opposition of the appellant
RATIONES DECIDENDI
WHERE WORDS OF A STATUTE ARE CLEAR AND UNAMBIGUOUS
The rule of construction of statutes is that they should be construed according to the intent of the legislature which promulgated the Act. If the words of the statute are in themselves precise and unambiguous then no more can be necessary than to expound those words in the natural and ordinary meaning. Per MOHAMMED JSC
CASES CITED
Chief Obafemi Awolowo v. Alhaji Shehu Shagari & 2 Ors. (1979) All NLR 120Tunde Oshunrinde v. Olujemi Akande, Appeal No. CA/L/44/85Odofin v. Agu (1992) 3 NWLR (Pt. 299) 350Obayagbona v. Obazee (1972) 5 S.C. 247.
STATUTES REFERRED TO
Securities and Exchange Commission Decree No. 29 of 1988The Securities and Exchange Control Act Cap. 406 Laws of the Federation of Nigeria, 1990.
