ALHAJI UMAR ABBA-TUKUR V. GOVERNMENT OF GONGOLA STATE

C. A. OPUTA, JSC (Delivering the Leading Judgment)

On the 20th day of October, 1987 when this appeal came up for hearing, learned counsel for the Appellant, G. Brown Peterside, S.A.N. started and stated thus:

"The main appeal is still pending. The present appeal arose from the Ruling of the Court of Appeal Jos Division delivered on the 2nd day of April 1987 on a preliminary objection that the main appeal was incompetent."

An appeal against a Ruling delivered on a preliminary objection seems to be rather an "unwarranted" luxury. Since the preliminary objection will not finally determine the real questions in controversy in this case such points arising there from could have safely awaited the eventual outcome of the case and then be urged on appeal against the final decision. Secondly the issue in dispute in this case is whether or not Alhaji Umaru Abba Tukur is or is not still the Emir of Muri. This is an issue of great public interest - to the State Government, to the people of Muri …