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CUSTOMARY COURT OF EDO STATE
V.
AGUELE & ORS.

(2006) JELR 47384 (CA)

Court of Appeal 24 May 2006 Nigeria
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- The case involves an originating summons filed by the 1st respondent against the appellant and five others for the determination of three legal questions. - The questions include whether the Customary Court of Appeal of Edo State can hear

Case Details

Suit Number:CA/B/40/2004
Judges:ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria
Counsel:MR. A. O. Eghobamien, Jnr. For Appellant P. I. Okoh, Esq. - for the 1st Respondent/ApplicantB. A. Alegbe, Esq. - for the 2nd Respondent/RespondentAttorney General, Edo State - for the 3rd Respondent/Respondent For Respondent
Other Citations:C.C.A. Edo State v. Aguele (2006) 12 NWLR (Pt.995) pg.545

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): On the 20th October, 2003, the 1st respondent before the High Court Benin, Edo State filed in suit No. B/163/OS/2003 an originating summons against the appellant and five others for the determination of 3 legal questions set out hereunder:

(1) Whether in the light of the clear and unequivocal provision of section 282(1) of the Constitution of the Federal Republic of Nigeria, 1999 the Customary Court of Appeal of Edo State can entertain, hear and determine a matter that does not raise questions of Customary Law.

(2) Whether or not the Customary Court of Appeal, Edo State is competent to adjudicate on a matter raising question of fair hearing either under Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 or under the rules of natural justice.

(3) Whether or not it is permissible for the Customary Court of Appeal, Edo State to extend its jurisdiction beyond what is specifically granted by the Constitution of t…

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