ELEGBE & LOLU ELEGBE V. HP INTL SCHOOLS LTD, KEMI BALOGUN, LINDA ADEYEMI-HASTRUP & IYEFE OLUDOYI
(2026) JELR 114860 (SC)
Supreme Court
•
SC.CV/899/2025
•
20 Feb 2026
•
Nigeria
Coram
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC
John Inyang Okoro, JSC
Helen Moronkeji Ogunwumiju, JSC
Adamu Jauro, JSC
Jummai Hannatu Sankey, JSC
Obande Festus Ogbuinya, JSC
Stephen Jonah Adah, JSC
Appearances
Olajide Salami, Esq., with him, T.A. Bamisaye, Esq., Emeka Ananyi, Esq. and Adedeji O., Esq. For Appellants
Olabisi Mankonjuola, Esq., with him, Daniel Peter, Esq., Obed Soludo, Esq. and Omonye E., Esq. - for 1st - 3rd Respondents
Mustapha O. Ajenifuja, Esq., with him, Idris Ishola, Esq., O. Muritala, Esq., and Ibrahim Abubakar, Esq. - for 4th Respondent
AMICI CURIAE:
Abimbola Akeredolu, S.A.N., with him, Johap Agbo, Esq. and Samson Obiora,
Esq. as Amicus
Dr. Oladapo Olanipekun, S.A.N., with him, Michael Akinleye, Esq., Chika Ikeh, Esq.
and Ebube A., Esq. as Amicus
Inam Wilson, S.A.N, with him, I. Adekunle, Esq., and I.O. Uwaifo, Esq. as Amicus
Prof. Emmanuel A. Kenen, Esq., with him, Dr. Matthew Afonko, Esq. as Amicus.
Judgement
STEPHEN JONAH ADAH, J.S.C. (Delivering the Lead Judgment): The lower Court, being the Court of Appeal, Lagos Judicial Division, in its ruling delivered on the 4th day of August, 2025, granted the Motion on Notice brought pursuant to Section 295(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Order 6 Rule 1 of the Court of Appeal Rules, 2021, filed by the applicants/appellants, and consequently referred certain questions to this Court for determination.Â
The reference was made in exercise of the powers conferred by Section 295(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which provides as follows:Â
(3) Where any question as to the interpretation or application of this Constitution arises in any proceedings in the Court of Appeal and the Court is of opinion that the question involves a substantial question of law, the Court may, and shall, if any party to the proceedings so requests, refer the question to the Supreme Court …
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