ONWE V NWAOGBUINYA
June 25, 2025THE STATE V JOHN OGBUBUNJO AND ORS
June 25, 2025Legalpedia Citation: (2001) Legalpedia (SC) 08829
In the Supreme Court of Nigeria
Fri Jan 19, 2001
Suit Number: SC. 120/1995
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE, USTICE, SUPREME COURT
OKAY ACHIKE, JUSTICE, SUPREME COURT
PARTIES
SEA TRUCKS NIGERIA LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed that his summary dismissal by the appellant for being a member of a union was a breach of his fundamental human rights to association and instituted action under the fundamental human enforcement procedure rules.
HELD
The court allowed the appeal and held that the court had no jurisdiction to hear the matter being commenced under the wrong procedure.
ISSUES
Whether in the circumstance of this case, Respondent’s grievance against his summary dismissal by the appellant was or could be validly challenged by way of an action under the Fundamental Rights (Enforcement Procedure) Rules 1979?
RATIONES DECIDENDI
THE PROPER APPROACH TO DETERMINING WHETHER AN ACTION CAN BE INSTITUTED UNDER THE FUNDAMENTAL HUMAN RIGHTS ENFORCEMENT RULES
The proper approach is to examine the reliefs sought by the applicant, the grounds for such reliefs and the facts relied upon. If they disclose that breach of fundamental right is the main plank, redress may be sought through the Fundamental Rights (Enforcement Procedure) Rules 1979. But where the alleged breach of fundamental right is incidental or ancillary to the main complaint, it is incompetent to proceed under the rules- Ogundare J.S.C
CASES CITED
1. Tukur v. The Government of Taraba State (1979) 6 NWLR (Pt.510) 549
2. Egbuonu v. Borno Radio Television Corporation (1997) 12 NWLR 29.
3. Borno Radio Television Corporation v. Egbuonu (1991) 2 NWLR (Pt.171) 81 at p. 90
STATUTES REFERRED TO
None.
