SAMUEL WILLIAMS VS ATTORNEY-GENERAL OF THE FEDERATION
August 9, 2025ADESHINA MOSES & ANOR VS SAIBU OGUNLABI
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 11438
In the Supreme Court of Nigeria
Mon Apr 21, 1975
Suit Number: SC. 34/1974
CORAM
COKER JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
PARTIES
YEKINI ONIGBEDENWAHABI ONIKORO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs had sued the appellants for damages for trespass to land and trial judge gave judgment in favour of the plaintiffs. When the defendants appealed, the plaintiffs filed a notice of intention to rely upon a preliminary objection to the hearing of the appeal on the ground that the appeal was not properly before the Supreme Court and that it should be dismissed because there is no right of appeal to the Supreme Court in the matter and no leave to appeal had been obtained.
HELD
The Supreme Court held that the appeal was incompetent and it was struck out.
ISSUES
Whether there was a competent appeal before the Supreme Court
RATIONES DECIDENDI
INTERPRETATION OF SECTION 49(1) OF THE CUSTOMARY COURTS LAW (CAP. 31, LAWS OF WESTERN NIGERIA, 1959)
“We are satisfied that in so far as Section 49(1) of the Customary Courts Law (Cap. 31, Laws of Western Nigeria, 1959) prescribes an unconditional right of appeal to this Court from decisions of the High Court of the State in its appellate jurisdiction, the provisions are incompetent and void. We are convinced that with respect to appeal to this Court from a State High Court on matters which had gone to the High Court on appeal from another court, the provisions of the Constitution are unambiguous and they relate to a matter under the purview of Item 44 in the Exclusive Legislative List of our Constitution and unless such intention is transparently manifest, we do not see how the same Constitution could provide for the validity of a State legislation which would have the inevitable effect of negativing directly or otherwise its own statutory provisions.” Per COKER, JSC
CASES CITED
Mabinuori & Ors. v. Samuel Onti Ogunloye (1970) 1 All NLR 17
STATUTES REFERRED TO
The Registration of Titles Act
Customary Courts Law
The 1963 Constitution of Nigeria
