CORAM

AUGUSTINE NNAMANI, JUSTICE SUPREME COURT

PARTIES

1. PROFESSOR ADEREMI DADA OLUTOLA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant filed action in the state high court against his removal as a dean in the University of Ilorin. The cause of action arose in 1989 but trial did not commence till 1994.

HELD

The court held that at the time trial commenced, Decree 107 had given exclusive jurisdiction to the Federal High Court in cases involving the Federal Government and therefore the judgment of the State high court was a nullity.

ISSUES

1.  Whether the lower courts lacked jurisdiction as a result of the promulgation of Decree 107 of 1993 on 17th November, 1993 when the cause of action had arisen in 1989 and action on it filed before the trial Court on 13th January 1993.2.  Whether under the doctrine of judicial precedent or state decisis, the Court of Appeal can refuse to follow its earlier decision, as done in this case, without setting it aside, when the issue for consideration and rationes decidendi are in pari materia.3. Whether or not the appropriate remedy by the lower Court should be setting aside the judgment of the lower trial Court and striking out the appeal.

RATIONES DECIDENDI

CASES CITED

1. Oloba V. Akereja 1988 7 S.C. (pt.1) at pp. 11 & 122. Madukolu V. Nkemdilim 1962 2 SCNLR 341, at 348, (2001) 3 SCM, 1853. 7UP Bottling Co. Ltd & Ors V. Abiola & Sons & Ors 1996 7 NWLR (pt.463) 7144. Mustapha V. Governor of Lagos State (1987) 1 N.S.C.C. 6325. Uwaifo V. Attorney-General of Bendel State and Others (1982) 7 S.C. 1246. Attorney-General of Imo State V. Attorney General of Rivers State (1983) 2 S.C.N.L.R. 108

STATUTES REFERRED TO

1. The Constitution (Suspension and Modification) Decree, 19932.  The Constitution of the Federal Republic of Nigeria 1979

CLICK HERE TO READ FULL JUDGMENT