BABATUNDE & ORS.
V.
OLATUNJI & ANOR.

(2000) JELR 44168 (SC)    

Supreme Court  ·  SC.148/1995 ·  4 Feb 2000 ·  Nigeria
 · 
Other Citations
Babatunde v. Olatunji (2000) 2 NWLR (Pt.646) 557 (2000) 2 S.C 9
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria
Core Terms Beta
order
jurisdiction
suit no. z
odofin of arandun
court of competent jurisdiction
2nd defendant
court of law
statement of claim
1st appellant
e. r.
set aside
chieftaincy question
learned trial judge
provisions of section
amos babatunde alaran
high court of kwara state
kwara state high court
present case
adewoye aromokeye
case of a particular person
chief of a specified grade
conclusive evidence
demise of odofin gabriel adewoye
earlier case
ile oba ibuoye
jurisdiction of any court of law
katsina-alu
late odofin adewoye
leading judgment
nomination of the 2nd appellant
particular person
specified time
trial court
appellant oba amos babatunde
appellants view
brother a.i. katsina-alu
court of appeal
date of judgment
families of the 2nd defendant
following reliefs
high court of justice
legal advice
main question
oba ibuoye ruling house
order of any valid existence
recognition of the 2nd defendant
said proceedings
title of the 2nd appellant
trial proceedings
unlimited jurisdiction

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The main question that arises for determination in this appeal is: Whether a person against whom a judgment is given or an order made can disobey and ignore it on the ground that it is null and void. This is informed by the fact that in the appellants view, the decision in the earlier case in Suit No. Z/11/67 by the High Court of Kwara State was given without jurisdiction contrary to the provisions of Section 161 (3) of the 1963 Constitution. The proceedings in that suit were admitted in evidence as Exhibit 1 in the present case. It was argued that the said proceedings were null and void and should have been treated as non-existent.

Section 161(3) of the 1963 Constitution reads:

"161(3) Notwithstanding anything in any other provision of this Constitution (including in particular sections 32 and 53 of this Constitution) but without prejudice to the proviso to subsection 1 of section 22 and subsection 4 of section 27 of this Consti…

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