ADAMU
V.
ATTORNEY GENERAL OF BORNO STATE

(1996) JELR 61884 (CA)    
Court of Appeal  ·  CA/J 57/94 ·  16 Apr 1996 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE; DENNIS ONYEJIFE EDOZIE; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASIE.
Core Terms Beta
appeal
respondents
supreme court
application
learned trial judge
statement of claim
lower court
constitution of the federal republic of nigeria
substantial question of law
cause of action
questions
arabic language
directive principles of state policy
free primary education
islamic religion
mr. l.o. sanyaolu
present applicants
said statement of defence
subject matter
adequate education
appellant’s claim
application mr. g.a. shani
approach of mr. shani
briefs of argument
christian religion
constitution of nigeria
discriminatory practices
equal treatment
findings of fact
following reliefs
grounds of appeal
gwoza high court of borno state
gwoza local government council
honourable court
islamic teachers
judicial powers
law of this country
light of section
local government
local government area
mr. shani
order of perpetual injunction
practicable provide
primary schools
proceedings of the lower court
proper order
proper parties
provisions of section
rules of this court
ruling of the lower court

Oguntade JCA (Delivering the leading judgment): At the Gwoza High court of Borno State the respondents on this application were the plaintiffs and in their statement of claim dated 24/4/90, claimed against the present applicants (as the defendants) the following reliefs:-

“(a) A declaration that by the law of this country, both Christians and Muslims pupils in primary schools in the Gwoza Local Government Area of Borno State are entitled to equal treatment in all educational and religious fields.

(b) A declaration that the practice whereby the plaintiffs have to pay from their pockets for their children to be taught the Christian religion when the Gwoza Local Government Council pays Islamic teachers is unlawful and above all unconstitutional as such a practise (sic) is discriminatory against the plaintiff.

(c) A declaration that the defendants have no right to introduce discriminatory practices between the Christians and the Muslims on any ground whatsoever as such is unconstitutional.

A …

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