Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FAWEHINMI
V.
I.G.P & ORS

(2002) JELR 44671 (SC)    

Supreme Court  ·  SC.201/2000 ·  10 May 2002 ·  Nigeria
 · 
Other Citations
Fawehinmi v. I.G.P.(2002) 7 NWLR (Pt.767) 606 (2002) 5 S.C (Pt.I) 63 (2002) All N.L.R 357
Fawehinmi v. I.G.P. (2002) 7 NWLR (Pt. 767) 606
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
police
order of mandamus
criminal proceedings
police act
allegations of crime
court of appeal
exhibits gf1
governor bola ahmed tinubu
laws of the federation of nigeria
present case
criminal allegations
exercise of discretion
grand jury
inter alia
trial court
brief of argument
cross appeal
interpretation of section
legal proceedings
ministerial duty
provision of section
virtue of section
circumstances of the case
circumstances of this case
court's findings
cross-appeal
details of the said allegations
due enforcement of all laws
exercise of its great prerogative jurisdiction
exercise of the discretionary power of a court
exercise of the discretion of the lower court
exhibits gfi
federal high court
general rule
given state of facts
learned author of de smith
matters of crime investigation
particular allegation
performance of specific public duty
proper evidence of refusal
provisions of section
relevant facts
respect of section
said police
submission of the appellant
true meaning
uncertified public documents
view of the court
virtue of the police act

S. O. UWAIFO, JSC (Delivering the Leading Judgment): By an originating summons filed by the appellant on 7 October, 1999 at the Federal High Court, Lagos, he sought inter alia an order of mandamus to compel the respondents to investigate criminal allegations which he made against Governor Bola Ahmed Tinubu of Lagos State. It is unnecessary to go into the details of the said allegations, or of the procedural skirmishes at the trial court, except to say that on 14 December, 1999, Egbo-Egbo, J., who presided, dismissed the summons upon a preliminary objection raised that by virtue of section 308 of the 1999 Constitution, the Governor enjoyed immunity from being investigated in respect of the said criminal allegations.

On the view taken in respect of section 308 of the Constitution that there was immunity against investigation, the appellant appealed to the Court of Appeal, Lagos Division. The respondents cross appealed against the court's findings as to the admissibility of certain docum…

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