May 19, 2025
Legalpedia Citation: (2012) Legalpedia (SC) 11413 In the Supreme Court of Nigeria Fri Jan 13, 2012 Suit Number: SC. 139/2010 CORAM E.O.OGWUEGBU – JUSTICE, SUPREME COURT PARTIES […]
CORAM
E.O.OGWUEGBU – JUSTICE, SUPREME COURT
PARTIES
1.HON BIMBO ADEPOJU. (CHAIRMAN, IBARAPA EAST LOCAL GOVERNMENT)
2.HON. OGUNGBOLA YAKUB. CHAIRMAN, ITESIWAJU LOCAL GOVERNMENT
3.HON. KEHINDE OLAOSEBIKAN. CHAIRMAN, OLUYOLE LOCAL GOVERNMENT
4.HON. OLABEDE RAFIU O. CHAIRMAN, ATISBO LOCAL GOVERNMENT
5.HON. ODEYEMI T. CHAIRMAN, IBADAN NORTH EAST LOCAI GOVT
6.HON. JOSIAH OLUFEMI IDOWU. CHAIRMAN, IBADAN NORTH WEST LOCAl GOVT
7.HON. SAHEED YUSUF. CHAIRMAN, ISEYIN LOCAL GOVERNMENT
8.HON. SALAWU MUMJNI ADENIYI CHAIRMAN, OYO EAST LOCAL GOVERNMENT
9.HON. MICHAEL AWOLOLA IDOWU. CHAIRMAN, IWAJOWA LOCAL GOVERNMENT
10.HON. RABIU MUSE OLASUNKANMI. CHAIRMAN, ONA-ARA LOCAL GOVERNMENTNIGERIAN NAVY BOARD
APPELLANTS
OLONA YINKA & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal is against two rulings of the Court of Appeal, Ibadan, dated- 9th March, 2010 and 15th July, 2010 respectively. In the ruling of 9th March, 2010, the Court granted the 1st -13th Respondents’ motion for stay of proceedings pending the determination of an appeal which the claim was pending before the Supreme Court. While in the ruling of the 15th July, 2010, the court below granted the 1st -13th Respondents’ application to strike out the appeal on the ground that it had become merely academic.
HELD
The appeal lacks merit and is accordingly dismissed.
ISSUES
1. Whether the lower court was right in striking out the appellants’ appeal without considering the merits of the appeal on the ground that the appeal had become academic and there was no live issue left in it.?
2. Whether the lower court was right in law in holding that the term of office of the Appellants expired on 24th May, 2010.?
3. Whether the lower court was right in failing to hold that the various applications of the Respondents were designed to prevent the early hearing and determination of the appeal.?
4. Whether the lower court was right in granting the 1st -13th Respondents’ application for stay of proceedings notwithstanding that there was no appeal filed to the Supreme Court to predicate the application for stay of proceedings.?
RATIONES DECIDENDI
CASES CITED
Badejo .v. Federal Ministry of Education (1996) 8 NWLR (Part 464) 15-Chief Albert Abiodun Adeogun & anor v. Hon. John Olawole Fashogbon & Ors (2008) 17 NWLR (Part 1115) 149 at 168 and 174-Rt. Hon. Chibuike Rotimi Amaechi v. INEC (2007) 18 NWLR (Part.1065) 42?
STATUTES REFERRED TO
None