(2012) JELR 39051 (CA)    

Court of Appeal  ·  CA/A/262/05 ·  23 Feb 2012 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria REGINA OBIGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr part
lower court
issue of jurisdiction suo motu
issue suo motu
trial court
court of law
following cases
local government area of taraba state
decree no.
learned counsel
local government area
issue no.
judgment of the federal high court
learned trial judge
such area
3rd-7th defendants
abuja court
aforementioned mandatory provisions of section
behalf of the kwambai community
consequential orders
considered judgment
constitutional right
determination of the appeal
facts of the case
federal government
federal government circular
federal military government of nigeria
final analysis
following reliefs
foregoing premises
integral part
issue of jurisdiction of the court
jimi olukayode bada
leading judgment
local community
local government council
motu raise
none of the parties
regina obiageli nwodo
relevant provisions of the constitution
scnj page
subject matter
taraba state
taraba state government
trial judge
ussa local government area

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, Abuja Court, Abuja FHC/ABJ/CS/271/02 between KWEARUMBEK KWETARY AND ANOTHER V. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA and 6 OTHERS delivered on the 18th day of February 2005.

Briefly the facts of the case are that the Appellant who was one of the Plaintiffs before the death of the other plaintiff instituted an action for themselves and on behalf of the Kwambai Community in Takum Local Government Area of Taraba State against the Respondents and they sought for the following reliefs:-

"(1) A Declaration that under the then unrepealed and unsuspended provisions of S. 7(2) (a) and (b) of the 1979 Constitution read together with relevant provisions of the constitution (suspension and Modification) Decree No. 107 of 1993, and the State (Creation and Transitional Provisions) Decree No. 36 of 1996, it was constitutionally mandatory for the then Federal Mil…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login