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OBA AMOS BABATUNDE AND ANOR V. MR. SIMON OLATUNJI AND ANOR

(2000) JELR 55579 (SC)

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

Coram


Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): Themain 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 evidenceas 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 anythingin any other provision of this Constitution

(including in particular sections 32 and 53 of this Constitution) but without prejudiceto the proviso to subsection 4 of section 27 of this Constitution, no chieftaincy question sha…

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