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ABAJI AREA COUNCIL & ORS V. JOSEPH ONA & ORS

(2004) JELR 39663 (SC)

Supreme Court  •  SC.187/2000  •  4 Nov 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC SYLVESTER UMARU ONU JSC ALOYSIUS IYORGYER KATSINA-ALU JSC NIKI TOBI JSC DENNIS ONYEJIFE EDOZIE JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Appearances
1. Y.O. Ali, SAN, For the Appellants, (with him, K.K. Eleja, Esq., I.G. Haruna, Esq., S.A. Oke, Esq., M. Amali, Esq., and Kolawole Kunle), for 1st set of Appellants.2. Mrs. J.O. Adesina, (with her, Miss A.A. Adebiyi), for the 1st and 2nd set of Appellants. For Appellant Chief R. Tunyan, (with him, C.I. Okoye and A.C. Nnadi), for the 1st and 2nd Respondents (Joseph Ona and Festus Ona). For Respondent

Judgement

S.M.A. BELGORE, J.S.C. (Delivering the Leading Ruling): The appeal is allowed. The reference to Court of Appeal was absolutely uncalled for and the substantive suit to be decided in the High Court of Federal Capital Territory before another judge other than the one that made the reference. There is no order as to costs. This decision clears issue 1 and Court of Appeal ruling on reference is set aside.

I.L. KUTIGI, J.S.C.: There being no provision of the Constitution (1979) which needed to be interpreted in this case, it is clear that the reference made by the trial court to the Court of Appeal was misconceived and erroneous.

The appeal is allowed. The judgment of the Court of Appeal is set aside. The case is remitted to the Abuja High Court (F.C.T.) for hearing by another judge other than the one who made the reference in question. No order as to costs.

S.U. ONU, J.S.C.: The appeal technically is allowed. The reference to the Court of Appeal was uncalled for. The case should have been…

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