MIL. ADM., BENUE STATE
V.
ABAYILO

(2000) JELR 51104 (CA)    

Court of Appeal  ·  CA/E/97/97 ·  11 Dec 2000 ·  Nigeria
 · 
Other Citations
Mil. Adm., Benue State v. Abayilo (2001) 5 NWLR (Pt. 705) 19
CORAM
JUSTIN THOMSPON AKPABIO, JCA (Presided) JOHN AFOLABI FABIYI, JCA MUSA DATTIJO MUHAMMAD, JCA (Read Lead the Judgment)
Core Terms Beta
federal high court
respondent
state
benue state
high court
cause of action
state high court
constitution of the federal republic of nigeria
lead judgment
trial court
fundamental rights
supreme court
tukur v
concurrent jurisdiction
government of gongola state
continued detention of the applicant
fundamental right
issue of jurisdiction
order of this honourable court
very state
appellants’ arguments
appellants intheir affidavit
applicant’s continued detention
applicant’s notice
choice of high court
circumstances of the case
court’s determination
decision of the court
enforcement of his fundamental rights
examination of the claim of the plaintiff
facts of the case
facts of the instant case
first issue
following cases
germane portion of the lower court
high courts
jurisdiction of the lower court
learned trial judge
legal effect
military governor
necessary facts
officer of a federal government agency
question of the jurisdiction of the federal high court
respondent’s application
said constitution
siibbenue state command
terms of the reliefs
white paper

MUHAMMAD, JCA (Delivering the Lead Judgment): This appeal once again raises the question of the jurisdiction of the Federal High Court as it relates to chapter iv of the 1979 constitution of the Federal Republic of Nigeria. The first issue to be resolved by the Appeal is whether in the eventof a threat or actual breach of the fundamental rights of a citizen in a state other than the very state wherein the Federal High Court is situate, access to the Federal High Court would be open to enable the citizen enforce those threatened or perverted rights. The question has also been raised as to what a court should look at where its jurisdiction is challenged. Is the court restricted to the examination of the claim of the plaintiff or is it at liberty to refer to other materials outside the writ and the claim in the court’s determination of the issue of jurisdiction?

Let us briefly recall the facts of the case upon which the appeal arose. The respondent in this matter commenced proceedings i…

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