Odutola Holdings Ltd & Ors V.mr. Kunle Ladejobi & Ors (2006) LAWGLOBAL HUB Lead Judgment Report EJIWUNMI, J.S.C. This appeal is the culmination of the action commenced at the Federal High Court by the appellants when they instituted this action against the respondents for the following reliefs as depicted in paragraph 32 of their statement…

Pius Edem Udo V. State (2006) LAWGLOBAL HUB Lead Judgment Report M. MUKHTAR, J.S.C The offence for which the appellant was charged and convicted was the murder of one Sunday Okon Udoette, on 21st of February, 1995 at Odukpani in Calabar Judicial Division, contrary to section 319(1) of the Criminal Code. The charge was read…

Engineer Goodnews Agbi & Anor V. Chief Audu Ogbeh & Ors (2006) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. This is an appeal against the decision of the Court of Appeal Abuja Division, delivered on 21st day of March, 2005, wherein the Court of Appeal dismissed the appellants’ appeal and affirmed the decision of the…

Afribank Nigeria Plc. V. Mr. Chima Akwara (2006) LAWGLOBAL HUB Lead Judgment Report OGUNTADE, J.S.C. The respondent, as the plaintiff, issued his writ of summons against the appellant (as the defendant) on 11-4-90 at the Aba High Court of Imo State claiming the following: “(a) An order of this Honourable court directing the defendant to…

Alhaji Aransi Bello Okomalu V. Chief Aminu Akinbode & Ors (2006) LAWGLOBAL HUB Lead Judgment Report TOBI, J.S.C. The case of the plaintiff/appellant is as follows: He belongs to Okomalu family of Osegere. He is the Mogaji of the family. Oyoside Okomalu a hunterand wanior, the ancestor of the plaintiff/appellant and founder of Osegere village…

Plateau State Of Nigeria & Anor. V. Attorney-general Of The Federation & Anor (2006) LAWGLOBAL HUB Lead Judgment Report L. KUTIGI,  J.S.C. The plaintiffs’ Amended Originating Summons which was taken out by their counsel, Professor B. O. Nwabueze, SAN., Legal Practitioner, is couched in the following terms- ISSUES FOR DETERMINATION ISSUE A: Whether the suspension by…

Benedict Otanma V. Kingdom Youdubagha (2006) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C. In the High Court of Justice of the Rivers State of Nigeria, in the Port Harcourt Judicial Division, in suit No. PHC/342/88, Benedict Otanma, the appellant herein, took out the writ of summons commencing these proceedings claiming against kingdom Youdubagha, the defendant,…

Benjamin Oyakhire V. State (2006) LAWGLOBAL HUB Lead Judgment Report TABAI, J.S.C. The appellant, Benjamin Oyakhire, and two others, Jimoh Michael and Gerson Soba, were Police constables attached to the Mobile Unit of Nigeria Police Lokoja in Kogi State. The four-count charge preferred against them was that on or about the 17th of February, 2001…

Dr. Augustine N. Mozie & Ors V. Chike Mbamalu & Ors (2006) LAWGLOBAL HUB Lead Judgment Report TOBI, J.S.C.  This appeal involves land in Omenu family of Umueri, Ogbunike in Oyi Local Government Area of Anambra State. The Omenu family owned the Ani Owelle land which consisted of a large expanse of undeveloped and uninhabited…

The Governor Of Kwara State & Anor V. Alh. Issa Ojibara & Ors (2006) LAWGLOBAL HUB Lead Judgment Report OGUNTADE, J.S.C. The simple question to be answered in this judgment is: In what circumstances are the Chairman and members of a State Independent Electoral Commission removable from office Section 201(1) and (2) of the 1999…