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OGBORU & ANOR
V.
UDUAGHAN & ORS

(2014) JELR 41267 (SC)

Supreme Court 26 May 2014 Nigeria
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Case Details

Suit Number:SC.18/2012(R2)
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Counsel:Dr. Dickson Osuala, with him: Prof. J. N. Mbadugha, Chief N. O. Imoh, E. Ugbowo, D. Obiuweubi, R. Mirikwe for the Applicants For Appellant Chief Wole Olanikpejun SAN, Dr. Alex Izinyon SAN, K. E. Mozia SAN with L. O. Fagbemi, V. O. Graunt, Esq., E. Ohworosiole Esq, T. Alabi, F. O. Izinyon, Esq. for 1st respondent.Adebayo Adenipekun SAN with J. Ikomi, Esq., Ayo Asala, Esq., Kehinde Ogunwumiju, Esq., Mrs. Olamide Adekunle, Miss I. A. Nwokocha, Mrs. E. Y. Adenipekun for 2nd respondent. Dr. O. Ikpeazu, SAN with J. Mba, Esq. for the 3rd Respondent.T. A. Gazali, Ese. PSC AGF's Chambers, with Abibat Ajana, (Miss) SCS, A. O. Akinde (Miss) SC for 4th respondent. For Respondent

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering The Lead Ruling): From the facts revealed in this case, this is about the third time the applicant is approaching this court for an order setting aside the decision of this court on the 2nd day of March, 2012.

Secondly, applicant is contending that the provision of section 285(1) of the land constitution as amended was not validly enacted and as such the court ought not to have applied same on striking out the consolidated appeals.

It is very clear that this court has no jurisdiction to set aside the earlier ruling delivered by the court being the final court of the land.

If the provisions of section 285(7) of the land constitution is not validly made or unconstitutional, this court has no original jurisdiction to entertain an action in that respect.

Applicant is therefore advised to approach the High Court for a declaration to that effect; as far as the matter is concerned, subject of this application, the matter had been fully laid …

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