OMNIA NIGERIA LIMITED V DYKTRADE LIMITED
June 2, 2025CHIEF SUNDAY OGUNYADE V SOLOMON OLUYEMI OSHUNKEYE & ANOR
June 2, 2025Legalpedia Citation: (2007) Legalpedia (SC) 59411
In the Supreme Court of Nigeria
Fri Jul 13, 2007
Suit Number: SC.120/2007
CORAM
IBRAHIM TANKO MUHAMMEDM, JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD
PARTIES
SENATOR RASHIDI ADEWOLU LADOJA. APPELLANTS
INDEPENDENT NATIONAL ELECTORAL COMMISSION
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant is the Governor of Oyo State but was impeached and reinstated after 11 months. He brought the action for determination of his tenure considering the 11months of illegal impeachment. The Federal High Court and the Court of Appeal dismissed the action for lack of jurisdiction.
HELD
The Supreme Court held that the trial court and the Court of Appeal both had jurisdiction to hear the matter. It then went on to consider the matter and held that the Court lacked power to elongate the tenure of the appellant.
ISSUES
Whether the learned Justices of the Court of Appeal are right to hold that the Federal High Court has no jurisdiction to determine the tenure of office of a Governor, except National Assembly Election Tribunal, under S.285(1)(b) of the constitution of the Federal Republic of Nigeria 1999 and if not, whether the Appellant is not entitled to his claims and reliefs as contained in the declaration sought in the lower Court which this Honorable Court can entertain under Section 22 of the Supreme Court Act
RATIONES DECIDENDI
CONSTITUTIONAL PROVISION MUST BE INTERPRETED BROADLY
Also a constitution must be interpreted and applied liberally. It must always be construed in such a way that it protects what it sets out to protect or guides what it sets out to guide. By necessity a constitutional provision must be interpreted broadly. PER OGUNTADE,JSC
POWER OF COURT TO GRANT TENURE ELONGATION
The Constitution of the Federal Republic of Nigeria, 1999 did not grant this court the power to grant an extension of tenure to a Governor who has been improperly impeached. To hold otherwise would amount to reading into the Constitution provisions that are not there. KATSINA-ALU, JSC
CASES CITED
1. Adeyemi v. Opeyori (1976) 9 – 10 S.C. 31
2. Odofin v. Ayoola (1984) 11 S.C. 72
3. Okogie v. A.G. Lagos State (1981) 2 NCLR 337
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria, 1999
