Alhaji Atiku Abubakar V. The Attorney-general Of The Federation & Ors (2007) LAWGLOBAL HUB Lead Judgment Report L. KUTIGI, AG. C.J.N. By section 239(1)(b) & (c) of the 1999 Constitution, original jurisdiction is conferred on the Court of Appeal to “hear and determine any question as to whether: (b) the term of office of the…

Federal Republic Of Nigeria V.senator Olawole Julius Adewunmi (2007) LAWGLOBAL HUB Lead Judgment Report A. KALGO, J.S.C This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on 13th June, 2002. For a clear understanding of the facts and circumstances giving rise to this case, I find it necessary to…

Adegboyega Ibikunle V. State (2007) LAWGLOBAL HUB Lead Judgment Report U. ONU, J.S.C The appeal herein emanates from dismissal of the appellant’s appeal by the Court of Appeal, Benin Division on 8th April, 2004. This was sequel to his conviction and being sentenced to death for the murder of one Godspower Edeha by the Delta…

Chief Peter Amadi Nwankwo & Anor V. Ecumenical Development Co-operative Society (Edcs) U.A (2007) LAWGLOBAL HUB Lead Judgment Report M. MUKHTAR, J.S.C The respondent who was the plaintiff in the High Court of Enugu State applied for issuance of a writ of summons under the undefended list, and the particulars of its claims against the…

Adetoun Oladeji (Nig) Ltd V. Nigerian Breweries Plc (2007) LAWGLOBAL HUB Lead Judgment Report TOBI, J.S.C This appeal involves a fairly narrow area. It is the amount of damages awarded. At the trial Court, the learned Judge awarded the sum of N25 million. The Court of Appeal reduced the sum to N833,333.00. This appeal is…

Oba Adebanjo Mafimisebi & Anor V. Prince Macaulay Ehuwa & Ors (2007) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C In the High Court of Ondo State of Nigeria in the Okitipupa Judicial Division and in suit No. HOK/7/84, the plaintiffs who are the respondents and the cross-appellants herein commenced this action on the 14/6/1984. In…

Attorney-general Of The Federation & 2 Ors V Alhaji Atiku Abubakar & 3 Ors (2007) LAWGLOBAL HUB Lead Judgment Report S. A. AKINTAN, JSC.  The 1st respondent, Alhaji Atiku Abubakar, commenced this action by an originating summons filed on 4th January, 2007 at the Court of Appeal (hereinafter referred to as the court below). The…

Mr. Peter Obi V. Independent National Electoral Commission & Ors (2007) LAWGLOBAL HUB Lead Judgment Report O. ADEREMI, J.S.C On Thursday, 14th of June, 2007, I delivered my judgment in the open court in this matter sequel to taking the addresses of the respective counsel representing the parties in this appeal and I did say…

Attorney-general Of Kano State V. Attorney-general Of The Federation (2007) LAWGLOBAL HUB Lead Judgment Report NIKI TOBI, J .S.C. I have examined the briefs of both parties. The original jurisdiction of this court is provided for in Section 232 of the Constitution of the Federal Republic of Nigeria, 1999. The jurisdiction includes any dispute between…

Alhaji Raufu Gbadamosi V. Olaitan Dairo (2007) LAWGLOBAL HUB Lead Judgment Report MUSDAPHER, J.S.C In the High Court of Justice of Oyo State, in the Ibadan judicial division and in suit No. 1/344/83, and in his writ of summons, the plaintiff claimed against the defendant the following reliefs: “(i) Declaration of title to a certificate…