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GOVT OF GONGOLA STATE
V.
TUKUR

(1989) JELR 50561 (SC)

Supreme Court 5 Sep 1989 Nigeria
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- This case involves an appeal against a decision of the Court of Appeal regarding the jurisdiction of the Federal High Court to entertain certain claims. - The Court of Appeal held that the Federal High Court had no jurisdiction to enterta

Case Details

Suit Number:SC.148/88
Judges:ANDREWS OTUTU OBASEKI JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC ABDUL GANIYU OLATUNJI AGBAJE JSC AUGUSTINE NNAMANI JSC PHILLIP NNAEMEKA-AGU JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC
Counsel:Tayo Oyetibo (with him, Ndubuisi Agetu and E. D. Audu, Director of Civil Litigation, Gongola State Ministry of Justice) For the Appellant; G. Brown Peterside, S.A.N., (with him, Chief Ayoola Akomolafe and Charles Obishai) For the Respondent.
Other Citations:(1989) 9 S.C 105 (1989) All N.L.R 647, (1989) 4 NWLR (Pt. 117) 517, (1989) JELR 73296 (SC)

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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