May 26, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 95111 In the Supreme Court of Nigeria Fri Jul 17, 2009 Suit Number: SC.242/2002 CORAM ALOYSIUS IYORGYER KA TSINA-AL JUSTICE, SUPREME COURT […]
CORAM
ALOYSIUS IYORGYER KA TSINA-AL JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE,.SUPREME COURT
PARTIES
1. DA KABIRIKIM (DU DISTRICT HEAD)
2. BITRUS SHA DUNG(For themselves and on behalf of the People of Du District)
APPELLANTS
HON. JUSTICE LUKE EMEFOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Two districts in two local government areas of Jos North and South were laying claim to three wards. The military Governor of the State constituted a commission of inquiry to submit a report on it.
The appellant challenged the exercise of the powers of the Governor at the High Court. The trial court dismissed the suit. The Court of Appeal also dismissed appellant’s appeal. Hence this further appeal.
HELD
Appeal dismissed
ISSUES
“(i) Whether the Learned Justices of the Court of Appeal were right in holding that the phrase “any matter or thing” used in S. 2 of the Commission of Inquiry Law, Cap 25 of the Laws of Northern Nigeria, 1963 cannot be read ejusdem generic to the specific matters mentioned in the section?
(ii) Whether the Learned Justices of the Court of Appeal were right in holding that Governor of Plateau State did not act ultra vires section 2(1) of the Commission of Inquiry Law, Cap. 25 Laws of Northern Nigeria, 1963 in appointing and authorizing the commission to inquire into ownership of the three villages?
(iii) Whether the 2nd issue formulated and determined by the Learned Justices did not lead to a miscarriage of justice of this case?”
RATIONES DECIDENDI
WHEN AN APPEAL COURT CAN FORMULATE ISSUES
An appellate cOUI1 is at I ibel1y to formulate issues or reformulate issues different from those formulated by the pa11ies if that will serve the end of justice and provided that the issues so formulated relate to the grounds of appeal and covered by the arguments of the parties in their respective briefs of argument. Per MUNTAKA-COOMASSIE JSC.
MEANING OF THE WORD “OR”
The word “or” is disjunctive depending on the context as under certain circumstances the word “and” would be read in place of “or” so as to carry out the intention of the legislature. Per ONNOGHEN JSC
CASES CITED
1. Ogunbiyi vs. Ishola (1996) 6 NWLR (pt. 452) 12
STATUTES REFERRED TO
1. Commission of Inquiry Law Cap 25 Law of Northen Nigeria
2. Interpretation Act, Cap 192, Laws of the Federation of Nigeria, 1990
3. 1979 Constitution