GOVT OF GONGOLA STATE V.TUKUR
V.

(1989) JELR 50561 (SC)    

Supreme Court  ·  SC.148/88 ·  5 Sep 1989 ·  Nigeria
 · 
Other Citations
(1989) 9 S.C 105 (1989) All N.L.R 647
Tukur v. Govt. of Gongola State (1989) 4 NWLR (Pt. 117) 517
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
judgment
jurisdiction
court of appeal
execution
order
respondent
federal high court
stay of execution
supreme court
lower court
decision of the court of appeal
alleged violation of the fundamental rights
declaratory judgment
determination of the appeal
exceptional circumstances
further action
high court
special circumstances
affidavit evidence
aspects of the respondent
attorney-general of anambra state
court of appeal act
grant reliefs
honourable court
learned justices of the court of appeal
portion of the judgment of the court
substantial points of law
substantive appeal
appeal issues
appeal raises
briefs of argument
cross appeal
execution of the judgment of the court
grant of the respondent
judgment of the appellate court
leading judgment
learned counsel
legal process of warrants of execution
question of jurisdiction of the trial court
question of the jurisdiction of the federal high court
respect of appellant
see balogun v
single issue
stay of its order
stay of the orders of this honourable court
subject of the said appeal
substantial issue of law
such further order

OBASEKI, J.S.C. (Delivering The Leading Judgment): This appeal is probably overtaken by events i.e. the judgment (in the appeal lodged by the Respondent herein and the cross appeal lodged by the appellant against the decision of the Court of Appeal in the substantive appeal to it from the High Court) delivered a short while ago.

Following the decision of the Court of Appeal that:

"The Federal High Court has no jurisdiction to entertain, determine and grant the relief, the Respondent claimed in paragraphs 1 and 2 of the Respondent's claim either separately or in combination with the other aspects of the Respondent's claim in other paragraphs notwithstanding the alleged violation of the fundamental rights guaranteed by section 33(1) of the Constitution."

the Respondent applied to the Court of Appeal by Notice of Motion (pursuant to section 18 Court of Appeal Act 1976 as amended) for an Order.

"Directing a stay of its Order contained in its judgment dated 21st June, 1988 between the pa…

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