May 17, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 23113 In the Supreme Court of Nigeria Thu Jul 5, 2012 Suit Number: SC. 290/2003 CORAM PARTIES ALHAJI TSOHO DAN AMALE APPELLANTS SOKOTO […]
CORAM
PARTIES
ALHAJI TSOHO DAN AMALE APPELLANTS
SOKOTO LOCAL GOVERNMENT & ORS.
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant applied to the trial court for leave to enforce his fundamental right which he felt was breached by the respondent when his movable and immovable properties were compulsorily acquired by the then military governor of Sokoto State. The trial court granted leave to the appellant to enforce his fundamental right, while the respondent, dissatisfied appealed to the Court of Appeal.
The Court of Appeal set aside the decision of the trial court on the ground that the action was a claim in respect of title to land and compulsory acquisition was improperly commenced under the Fundamental Right (Enforcement Procedure) Rules. Not satisfied with the decision of the Court of Appeal, the appellant appealed to the Supreme Court.
HELD
The appeal was dismissed by the Supreme Court.?
ISSUES
1. Whether the court below was correct when it struck out the claims of the appellant against the respondents on the ground that appellant’s main relief is in respect of declaration of title to land and therefore improperly commenced under the Fundamental Rights (Enforcement Procedure) Rules 1979.?
2. Whether the appellant was prejudiced when the court below suo motu raised the issue of want of jurisdiction and heard argument of appellant’s counsel on the said issue before reaching a decision in respect of same.”?
RATIONES DECIDENDI
DISCLOSURE OF BREACH OF FUNDAMENTAL RIGHT
“A trial court will only have jurisdiction to proceed to enforce a fundamental right of an applicant guaranteed under Chapter IV of the Constitution if the main relief discloses a breach of the fundamental right of the applicant.” Per J.A Fabiyi JSC
CASES CITED
See: Adeyemi v. Opeyori (1966) 10 SC 31Katto Central Bank of Nigeria (2001) FWLR (Pt. 52) 188 at 208Araka v. Ejeagwu (2001) FWLR (Pt. 36) 830 at 848.Sea Truks ltd v Anigboro (2001) FWLR (pt.360) 1415 @1436University of Ilorin v. Oluwadare (2006) 14 NWLR (pt.1000) 751Gafar v The Government of Kwara State & 2 OrsKogi State v. Yakubu (2001) FWLR (pt.43) 359 at 366W.A.E.C v. Adeyanju (2008) ALL FWLR (pt. 428) 206 at 255?
STATUTES REFERRED TO
None