Barrister J. C. Uwazuruonye V. The Governor of Imo State & Ors (2004)

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DAVID ADEDOYIN ADENIJI, J.C.A. 

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 defendant, when section 247 of the Constitution has provided for only appellate and supervisory jurisdiction in matters relating to customary law?

(5) If the answer in 4 above is in the negative, is the purported amendment conferring original jurisdiction on the 3rd defendant by virtue of section 3(d) of Edict No.6 of 1989, which amends the principal edict by adding a new section 79 not void and unconstitutional by virtue of section 247 of the 1979 constitution?

(6) Is section 17(2) of the Magistrate Court Law (Amendment) Edict 1990 (Edict No.3 of 1991) conferring unlimited jurisdiction to the Chief Magistrate Courts or Senior Magistrate Courts in suits or matters relating to title or interest in any land not void by virtue of sections 39 and 41 of the Land Use Act, 1978. (See pages 5-6 of the records of appeal)?”

The lower court in a considered judgment declared some of the provisions of the law complained of null and void, but did not go on to nullify section 3(d) of Edict no. 6 of 1989, in accordance with the prayer of the appellant. Against that refusal to so annul that section, the appellant has appealed.

In that single regard only, the appellant distilled two issues for determination to wit:

(1) Whether the 1st defendant/respondent was right in amending Section 247 of the 1979 Constitution by an Edict conferring original jurisdiction on the 3rd defendant/respondent (Customary Court of Appeal Imo State) to hear applications on prerogative writs.

(2) Whether the Customary Court of Appeal, Imo State (3rd defendant/respondent) being an appellate court can hear any application on prerogative writs.

On his part the counsel for the respondents formulated 3 issues for determination to wit: