HERBERT OHUABUNWA EMEZI V. AKUJOBI DAVID OSUAGWU
June 10, 2025ALHAJI AMINU ISHOLA V. UNION BANK OF NIGERIA LIMITED
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 10181
In the Supreme Court of Nigeria
Fri Feb 18, 2005
Suit Number: SC. 75/1996
CORAM
AKINTOLA OLUFEMI EJIWUNMI JUSTICE,SUPREME COURT
NIKI TOBI JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
; DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
1. ROBERT I. IKWEKI 2. JOHN AWOVEJO 3. JAMES EZEWU [For themselves and on behalf of the Enegware Ovwere and Osebakpor families of Ughoton, Okpe Clan] APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants as plaintiffs based their claim on the interpretation of section 105 of the 1999 constitution prescribing the tenure of the office of the members of the State House of Assembly. The trial judge refused all the claims of the appellant and dismissed their action. Their appeal to the Court of Appeal was dismissed. They have further appealed.
HELD
Appeal dismissed
ISSUES
NONE
RATIONES DECIDENDI
RIGHTS, POWERS AND LIMITATIONS UNDER THE CONSTITUTION
Once the powers, the rights and the limitations under the Constitution are identified as having been created, their existence cannot be disputed in a Court of law. However, the extent of such powers rights and limitations and their implications may be sought to be interpreted and explained by the Court in cases properly brought before it.
LITERAL INTERPRETATION OF STATUTES
That in the interpretation of the provisions of statute including the Constitution, where the words of the statute are clear and unambiguous, the words must be given their plain and ordinary meaning. Per MOHAMMED JSC
WHAT GROUNDS OF APPEAL ARE BASED ON
An appeal is usually against the ratio decidendi of the judgment of a lower Court and not in respect of an obiter dicta made by the Court in the course of the said judgment.
CASES CITED
1. Saraki vs. Kotoye (1992) 9 NWLR (Pt. 264) 1562. Attorney General Ondo State vs. Attorney General of the Federation (2002) 9 NWLR (Pt. 772) 2223. Abioye vs. Yakubu (1991) 5 NWLR (Pt. 190) 1304. Odubeko vs. Fowler (1993) 7 NWLR (Pt. 308) 637
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria 1999
