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UWAZURUONYE
V.
GOVERNOR OF IMO STATE & ORS

(2004) JELR 46896 (CA)

Court of Appeal 30 Mar 2004 Nigeria
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- The appellant, a legal practitioner, challenged the constitutionality of provisions in Imo State Edict No.6 of 1989, which amended the principal Edict to confer “original jurisdiction” on the Imo State Customary Court of Appeal to hear ap

Case Details

Suit Number:CA/PH/242M/97
Judges:MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Counsel:J. C. Uwazuruonye, Esq. For Appellant C. U. Mbadike, Esq. Assistant Director, Civil Litigation, Imo State Ministry of Justice For Respondent
Other Citations:Uwazuruonye v. Gov., Imo State (2005) 1 NWLR (Pt.906)19, (2005) 1 NWLR (Pt. 906) 19

ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Imo State, sitting at Owerri and delivered on 11th March, 1996, by L.C. Allinor J. The appellant being dissatisfied appealed to this court.

The plaintiff/appellant had filed an originating summons in the court below, seeking answers to the following:

"(1) Whether the criminal jurisdiction conferred on the Customary Courts in Imo state by virtue of section 14 of Edict No.7 of 1984 and shown in Column 1 of the Third Schedule to the Edict is not void in view of section 247 of the 1979 Constitution?

(2) Is prerogative writ an originating process or procedure?

(3) If the answer in issue 2 above is in the affirmative, is it proper and lawful to initiate same in the Customary Court of Appeal - Imo State which is conferred with only appellate jurisdiction by the 1979 Constitution?

(4) Can the 1st defendant by way of an Edict confer an additional original jurisdiction on the 3rd defe…

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