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BAMAIYI
V.
AG OF THE FEDERATION & ORS.

(2001) JELR 33795 (SC)

Supreme Court 13 Jul 2001 Nigeria
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- The main issue in this appeal is whether the Court of Appeal has discretion to refuse to answer a question referred to it by the Federal High Court under section 295(2) of the 1999 Constitution. - The appellant, who was the Chief of Staff

Case Details

Suit Number:SC.45/2000
Judges:ADOLPHUS GODWIN KARIBI-WHYTE JSC ABUBAKAR BASHIR WALI JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC ALOYSIUS IYORGYER KATSINA-ALU JSC OKAY ACHIKE SAMSON JSC EMMANUEL OLAYINKA AYOOLA JSC
Counsel:Mike Okoye, Esq. (with him, O. Okoroji,- Dele Adeogun, Ibezim Okoli and E. Obot) For the Appellant; Rotimi Jacobs, Esq. for the Respondents.
Other Citations:Bamaiyi v A.-G., Fed (2001) 12 NWLR (Pt.727) 468, (2001) 7 S.C (Pt.II) 62, (2001) 12 NWLR (Pt. 727) 468

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The main issue in this appeal is whether the Court of Appeal has any discretion under section 295(2) of the 1999 Constitution of the Federal Republic to refuse to answer a question referred to it by the Federal High Court.

The background facts of this case briefly are in the following narrative. The appellant who was Chief of Staff of Nigerian Army during the regime of late General Sani Abacha was invited by the National Security Adviser, the 2nd respondent, for questioning. He was alleged to have facilitated the provision of arms that were used in the attempted murder of Mr. Alex Ibru. The appellant was detained in a house at Forte IBB Barracks, Abuja on 13th October, 1999.

On 5th November, 1999 the appellant sought leave to enforce his fundamental right challenging his detention. He also applied to the trial Federal High Court for the following declaratory reliefs and orders:

"A. A declaration that the arrest of the applicant on 1…

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