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…

Ekanem Ekpo Otu V. A.c.b International Bank Plc & Anor (2006) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, J.S.C. Leo Attah Ekpo was the original defendant in this case. Following his death, Ekanem Ekpo Otu was substituted to take his place. That was on 16th September, 1997 in the Court of Appeal. A dead man…

Alhaji Baba M. Saleh V. Alhaji Shetima Monguno & Ors (2006) LAWGLOBAL HUB Lead Judgment Report TABAI, J.S.C. The process culminating in this appeal started 24 years ago when the 1st respondent, as plaintiff filed suit No. M1152/82 against the appellant as defendant at the Borno State High Court. The action was under the undefended…

Eagle Super Pack (Nigeria) Ltd. V. African Continental Bank Plc (2006) LAWGLOBAL HUB Lead Judgment Report OGUNTADE, J.S.C. The dispute out of which this appeal arose was between a bank and its customer. The appellant was the bank and the respondent the customer. At the Orlu High Court of Imo State, the respondent as the…

Alimi Akanbi Dada V. Chief Jonathan Dosunmu (2006) LAWGLOBAL HUB Lead Judgment Report ONNOGHEN, J.S.C. This is an appeal against the judgment of the Court of Appeal holden at Ibadan in appeal No. CA/1/71/95 delivered on the 14th day of February, 2002 in which the court allowed the appeal of the present respondent against the…

Integrated Timber & Plywood Products Ltd. V. Union Bank Nigeria Plc (2006) LAWGLOBAL HUB Lead Judgment Report OGBUAGU, J.S.C. This is an appeal by the plaintiff/appellant against the judgment of the Court of Appeal, Benin division, delivered on 12th July, 2000 setting aside the ruling of Abutu, J of the Federal High Court and ordering…

C.S.S. Bookshops Ltd V. The Registered Trustees Of Muslim Community In Rivers State & Ors (2006) LAWGLOBAL HUB Lead Judgment Report MOHAMMED, J.S.C. This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division which on 26-4-2001, allowed an appeal by the 1st defendant from the decision of Manuel, J. of…