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CUSTOMARY COURT OF APPEAL EDO STATE v. CHIEF (ENGR.) E. A. AGUELE & ORS.

(2006) JELR 47384 (CA)

Court of Appeal  •  CA/B/40/2004  •  24 May 2006  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; STANLEY SHENKO ALAGOA JCA; UWANI MUSA ABBA AJI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): On the 20th October, 2003, the 1st respondent before the High Court Benin, Edo State filed in suit No. B/163/OS/2003 an originating summons against the appellant and five others for the determination of 3 legal questions set out hereunder:

(1) Whether in the light of the clear and unequivocal provision of section 282(1) of the Constitution of the Federal Republic of Nigeria, 1999 the Customary Court of Appeal of Edo State can entertain, hear and determine a matter that does not raise questions of Customary Law.

(2) Whether or not the Customary Court of Appeal, Edo State is competent to adjudicate on a matter raising question of fair hearing either under Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 or under the rules of natural justice.

(3) Whether or not it is permissible for the Customary Court of Appeal, Edo State to extend its jurisdiction beyond what is specifically granted by the Constitution of t…

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