DOMINIC OKOLO & 3 ORS V. THE STATE
August 12, 2025OBIDINAKA EJEANALONYE & ORS V. IKPENDU OMABUIKE & ORS
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 66857
In the Supreme Court of Nigeria
Thu Feb 21, 1974
Suit Number: SC.99/1972
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
SOWEMIMO JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
PAULINE CHINELO OKWUOSA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The marriage between the parties was dissolved and the appellant was ordered to pay maintenance in a proceeding which originated from the High Court of Biafra.
HELD
The court held that the proceeding was a nullity and that the High Court of Onitsha could not have validly continued with proceedings which originated from Biafra, amendments notwithstanding.
ISSUES
Whether the decision of the High Court, Onitsha, in the Federal Republic of Nigeria is not a nullity having originated from a proceedings which commenced at the High Court of Biafra.
RATIONES DECIDENDI
JURISDICTION OF HIGH COURT OF BIAFRA
Section 144 of the Matrimonial Causes Decree 1970 which defines a State as meaning a State of the Federation of Nigeria; the so-called “Republic of Biafra” is not a State within the meaning of the section, nor indeed within the meaning of Decree No.14 of 1967. Per Elias CJN
CASES CITED
Ogbuagu & Ifegbu & Ors. v. Ota Ukaefi (1971) 1 ECSLR 184
STATUTES REFERRED TO
1. The Matrimonial Causes Decree, 1970
2. The Decree No. 14 of 1967
