A. G. KARIBI-WHYTE, JSC (Delivering the Leading Judgment): This appeal involves issues of great constitutional and legal importance. The dimension of the issues are accentuated not only in their relative rarity in our Courts, but they involve a restatement of the two well settled principles. These are the scope of the immunity of Judges of superior Courts and the protection of public officers in the discharge of their duties, and the fundamental right of the aggrieved to seek and obtain redress in the Law Courts. The issue to be decided in this appeal seems to me the result of the conflict between these two well settled principles. Suits against High Court Judge in our Courts are extremely rare. This appeal is strictly speaking not such an action. The claim is essentially a challenge as to the validity of the act of the Judge, and a public officer in the discharge of their duties as a Judge or such officer. The only issue to be determined is whether the action against the defendants i…
EGBE
V.
ADEFARASIN & ANOR.
(1985) JELR 42551 (SC)
Supreme Court 3 May 1985 Nigeria
BriefBot Summary
- This case involves issues of constitutional and legal importance, specifically regarding the immunity of judges and the protection of public officers in the discharge of their duties. - The appellant, a legal practitioner, filed a writ of
Case Details
Suit Number:SC.77/1984
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:Fred Egbe For Appellant
Chief F.R.A. Williams. S.A.N. (with him F.R.A. Williams, Jnr.) For Respondent
Other Citations:Egbe v. Adefarasin (1985) NWLR (Pt.3)549 (1985) 5 S.C 50, (1987) 1 S.C 1 (1987) All N.L.R 1 (1987) 1 NWLR (Pt. 47), (1987) 1 NWLR (Pt. 47) 1, (1987) JELR 42693 (SC), (1987) JELR 77672 (SC)
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