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OBA AMOS BABATUNDE & ORS V. MR. SIMON OLATUNJI & ANOR

(2000) JELR 44168 (SC)

Supreme Court  •  SC.148/1995  •  4 Feb 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The main question that arises for determination in this appeal is: Whether a person against whom a judgment is given or an order made can disobey and ignore it on the ground that it is null and void. This is informed by the fact that in the appellants view, the decision in the earlier case in Suit No. Z/11/67 by the High Court of Kwara State was given without jurisdiction contrary to the provisions of Section 161 (3) of the 1963 Constitution. The proceedings in that suit were admitted in evidence as Exhibit 1 in the present case. It was argued that the said proceedings were null and void and should have been treated as non-existent.

Section 161(3) of the 1963 Constitution reads:

"161(3) Notwithstanding anything in any other provision of this Constitution (including in particular sections 32 and 53 of this Constitution) but without prejudice to the proviso to subsection 1 of section 22 and subsection 4 of section 27 of this Constiā€¦

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