HAJIYA JUMMAI JAFARU & ANOR V MOHAMMED USMAN & ORS
May 30, 2025ANIREJU UKUDANO & ANOR V SUNDAY KEREGBE & ORS
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 91267
In the Supreme Court of Nigeria
Tue Jan 29, 2008
Suit Number: SC. 123 / 2007
CORAM
OGUNTADE JUSTICE, SUPREME COURT
TABAI MUHAMMAD JUSTICE, SUPREME COURT
PARTIES
MR. PETER OBI(GOVERNOR OF ANAMBRA STATE) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant in 2006 was pronounced winner of an election that was held in 2003. In 2007, the respondent planned to hold an election for the appellants post and the appellant commenced action in the Federal High Court to determine his tenure but the Federal High Court and Court Appeal decided that the Federal High Court did not have Jurisdiction.
HELD
The Supreme Court held that Appellants suit was not an election matter, rather it was only an issue of interpretation of the constitution, which the Federal High Court has jurisdiction to entertain insofar as it pertained to a federal government agency.
ISSUES
(1) Whether the learned justices of the Court of Appeal were correct when they upheld the decision of the Federal High Court declining jurisdiction and held that the prayers in the appellant’s originatin-g summons were election matters within the exclusive jurisdiction of the Election Tribunal.(2) Whether the Court of Appeal was right in striking out Ground IV of the appellant’s ground of appeal and issue IV distilled therefrom.(3) Whether having regard to the proper appreciation of the appellant’s prayers in the originating summons the Court of appeal was right in not invoking the powers under Section 16 of the Court of Appeal Act
RATIONES DECIDENDI
FACTORS TO CONSIDER IN INTERPRETATION OF STATUTES
“In order to determine the meaning of any expression or phrase in an enactment, the basic question is what is the natural, ordinary or grammatical meaning of the words used in the enactment in the context in the Statute and it is only when the ordinary meaning of those words leads to some results which cannot reasonably be supposed to have been the intention of the lawmakers that it becomes proper to look for some other possible meaning of the words concerned.” – Per Chukwuma-Eneh, JSC
JURISDICTION- HOW DETERMINED
“Jurisdiction is the legal power or legal authority that enables a judge to enter into adjudication in a matter before him”- Per Aderemi, JSC
CASES CITED
1. Adeyemi & Ors. v. Opeyori (1976) 9 & 10 S.C. 312. Odofin v. Ayoola (1984) 11 S.C. 723. Utih v. Onoyivwe (1991) 1 NWLR (Pt.166) 166 when at page 2254. Uwaifo v. Attorney General Bendel State & Ors. (1982) NSCC (vol.13) 221
STATUTES REFERRED TO
None
