May 15, 2025
Legalpedia Citation: (2013) Legalpedia (SC) 70053 In the Supreme Court of Nigeria Mon Apr 22, 2013 Suit Number: SC. 237/2010 CORAM PARTIES FEDERAL REPUBLIC OF NIGERIA APPELLANTS RESPONDENTS […]
CORAM
PARTIES
FEDERAL REPUBLIC OF NIGERIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st and the 2nd respondents and others were charged at the trial court to have demanded for the sum fifty million naira from the 3rd respondent, then the Minister of Education, to secure the easy passage of the 2005 budgetary allocation of 3rd respondent’s ministry in the same way the respondents assisted in passing the 2004 allocation. They were convicted by the trial court, they appealed to the Court of appeal which was allowed. The appellant were aggrieved by the decision of the lower now appealed to the Supreme Court.
HELD
APPEAL ALLOWED
ISSUES
Whether the court is right in its finding that the trial court had wrongly granted leave to the appellant herein to prefer charges against the respondents.
RATIONES DECIDENDI
ISSUES FOR DETERMINATION – ACADEMIC ISSUES – COURT DO NOT WASTE TIME ON ISSUES THAT ARE ACADEMIC OR HYPOTHETICAL
“It becomes incumbent at this stage to restate that courts do not waste their precious time in determining academic or hypothetical questions that are either totally unconnected or far removed from the real issues in controversy between the parties. An examination of all the other issues parties here assert are relevant to the determination of the appeal discloses that they are irrelevant, diversionary or at best constitute defences or matters best raised and dealt with at trial. The lot are hereby discountenanced.” PER MUSA DATTIJO MUHAMMAD, JSC
PROOF OF EVIDENCE – PROOF OF EVIDENCE SHOULD ONLY DISCLOSE PRIMA FACIE CASE
“It has been variously held by this court that proof of evidence should only disclose prima facie case which literally means evidence on its face value. The proof of evidence and the statements of the respondents annexed to the application constitute prima facie case as dictated by the law, read along with the applicable rules stated earlier on in this write up.” PER J.A. FABIYI, JSC, JSC
Whenever and whenever leave of a Judge is to be sought, it means in my humble understanding, that the statute has conferred on the judge some discretionary powers.” PER I.T. MUHAMMAD, JSC
CASES CITED
ABOGEDE V. THE STATE (1996) 4 SCNJ 223 AT 233 AJIDAGBA V. I.G.P 3 FSC 5 AT 6
STATUTES REFERRED TO
NONE