CORAM
UWAIS JUSTICE, SUPREME COURT
KARIBI-WHYTE JUSTICE, SUPREME COURT
NNAEMEKA-AGU JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
BELGORE JUSTICE, SUPREME COURT
PARTIES
THE STATE
APPELLANTS
DR. OLU ONAGORUWA
RESPONDENTS
AREA(S) OF LAW
APPEAL – FAIR HEARING-JURISDICTION
SUMMARY OF FACTS
The appellant’s preliminary objection to the hearing of the respondent’s application for stay of proceedings and the entire appeal on grounds of jurisdiction was disallowed on the ground that it was premature and ought to be raised when briefs have been filed.
HELD
The court held that there was a breach of fair hearing and that it is never too early to raise the issue of jurisdiction.
ISSUES
1. Whether the Court of Appeal was right to hold that the preliminary objection of the appellant was premature.
2. Whether the Court of Appeal was right to grant a stay of proceedings at the High Court with the respondent (now appellant in this court) moving his motion and without the appellant being heard in response thereto
RATIONES DECIDENDI
JURISDICTION- A FUNDAMENTAL ISSUE
‘the issue of jurisdiction of a court is fundamental. Its being raised in the course of proceedings can neither be too earlier or premature nor be late.’ Per Uwais J.S.C
CASES CITED
Oredoying v. Arowolo, (1989) 4 NWLR (part 114) 172 at 187 C;
Onyema v. Opata (1987) 3 NWLR (part 60) 259
Ojokolobo v. Alamu (1987) 3 NWLR (part 61) 377 at p. 391 B;
Ifezue v. Mbadugha (1984) 5. S.C. 79;(1984)
Odi v. Osafile (1985) 1 NWLR. (pt. 1) 17.
STATUTES REFERRED TO
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12
Oredoying v. Arowolo, (1989) 4 NWLR (part 114) 172 at 187 C;
Onyema v. Opata (1987) 3 NWLR (part 60) 259
Ojokolobo v. Alamu (1987) 3 NWLR (part 61) 377 at p. 391 B;
Ifezue v. Mbadugha (1984) 5. S.C. 79;(1984)
Odi v. Osafile (1985) 1 NWLR. (pt. 1) 17.
STATUTES REFERRED TO
The Constitution of the Federal Republic of Nigeria 1979