DA KABIRIKIM VS HON. JUSTICE LUKE EMEFOR

CORAM

A I KATSINA-ALU, JUSTICE COURT OF APPEAL

M MOHAMMED, JUSTICE SUPREME COURT

W S N ONNOGHEN, JUSTICE COURT OF APPEAL

C M CHUKWUMA-ENEH, JUSTICE SUPREME COURT

M S MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT

PARTIES

DA KABIRIKIM (DU DISTRICT HEAD)

APPELLANTS 

BITRUS SHA DUNG(For themselves and on behalf of the People of Du District)

RESPONDENTS 

AREA(S) OF LAW

EXERCISE OF ADMINISTRATIVE POWERS – ISSUES FOR DETERMINATION – INTERPRETATION OF STATUTES

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

GOVERNOR – POWER OF GOVERNOR TO INQUIRE INTO THE CONDUCT OF PUBLIC OFFICERS

“The Governor is empowered to appoint and authorize a commission to inquire into the conduct of:-

(a) any public officer in the public service of Northern Nigeria or

(b) any chief or

(c) the management of any department of the public service, or

(d) any local institution or

(e) any matter in respect of which in his opinion an inquiry would be for the public welfare. ” PER ONNOGHEN. JSC.

“OR” – INTERPRETATION OF THE WORD “OR”

”It is now settled law that 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. For the general interpretation of the word “or”, see section 18(3) of the Interpretation Act, Cap 1 92, Laws of the Federation of Nigeria, 1990 which states that “the word “or” and the word “other” shall, in any enactment, be construed disjunctively and not as implying similarity, “peace and good governance of the state. It follows therefore that the expression “any matter” used in section 2(1) of Cap 25 does not relate to nor is it limited to “any matter” ancillary to matters earlier mentioned in the said section 2 sub-section 1.” PER ONNOGHEN JSC

JURISDICTION OF STATE HIGH COURT – THE HIGH COURT OF A STATE IS CONSTITUTIONALLY CLOTHED WITH UNLIMITED JURISDICTION TO HEAR AND DETERMINE ANY CIVIL PROCEEDINGS.

”High Court of a State is constitutionally clothed with unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability privilege, interest, obligation or claim, is in issue or to hear and determine any criminal proceedings involving or relating to any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”  PER ONNOGHEN, JSC

COMMISION OF INQUIRY – POWER OF GOVERNOR TO APPOINT A COMMISION OF INQUIRY

”However it is also very clear from section 2(1) of Cap 25 supra that the Governor of Plateau State has the power to appoint a Commission of Inquiry to inquire into any matter including ownership of disputed land forming part of an administrative area in respect of which, in his opinion, an inquiry would be for the public welfare. It is my further view that a Commission of Inquiry appointed with the terms of reference as in the instant case does not interfere with the jurisdiction of the High Court as conferred by section 236( 1) of the 1979 Constitution”. PER ONNOGHEN, JSC

ISSUES FOR DETERMINATION – ISSUES ARE FORMULATED FROM GROUNDS OF APPEAL

”Issues are formulated from the grounds of appeal filed.”  PER ONNOGHEN, JSC

BRIEF WRITING – CONTENT OF A BRIEF

“Brief writing had been in practice for more than 25 years in our appellate courts and any solicitor/counsel who seriously desires to practice and appear before our appellate courts should by now know what a brief should contain amongst other:

(1) Introduction – This will include a brief history of the case up to the point of appeal

(2) The facts of the case – This will include a brief statement of facts that happened in the lower court/court below, with specific references to the pages of the records;

(3) Issue or Issues for determination- This includes the issues framed for determination which must relate to the grounds of appeal and which, in the opinion of the counsel, are germane to the determination of the appeal;

(4) Arguments on the issues formulated; and

(5) Conclusions and prayers.”  PER  MUNTAKA- COOMASSIE, JSC

ISSUES FOR DETERMINATION – AN APPELLATE COURT IS AT LIBERTY TO FORMULATE OR REFORMULATE ISSUES

“An appellate court is at liberty to formulate issues or reformulate issues different from those formulated by the parties 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

CASES CITED

1. Ogunbiyi vs. Ishola (1996) 6 NWLR (pt. 452) 12

STATUTES REFERRED TO

1. Commision of Inquiry Law  Cap 25 Law of Northen Nigeria

2. Interpretation Act, Cap 1 92, Laws of the Federation of Nigeria, 1990

3. 1979 Constitution

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