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GOVERNMENT OF GONGOLA STATE V. ALHAJI UMARU ABBA TUKUR

(1989) JELR 50561 (SC)

Supreme Court  •  SC.148/88  •  5 Sep 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC CHUKWUDIFU AKUNNE OPUTA JSC SALIHU MODIBBO ALFA BELGORE JSC ABDUL GANIYU OLATUNJI AGBAJE JSC AUGUSTINE NNAMANI JSC PHILLIP NNAEMEKA-AGU JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC

Appearances
Tayo Oyetibo (with him, Ndubuisi Agetu and E. D. Audu, Director of Civil Litigation, Gongola State Ministry of Justice) For the Appellant; G. Brown Peterside, S.A.N., (with him, Chief Ayoola Akomolafe and Charles Obishai) For the Respondent.

Judgement
<p><strong>OBASEKI, J.S.C. (Delivering The Leading Judgment): </strong>This appeal is probably overtaken by events i.e. the judgment (in the appeal lodged by the Respondent herein and the cross appeal lodged by the appellant against the decision of the Court of Appeal in the substantive appeal to it from the High Court) delivered a short while ago.</p><p> Following the decision of the Court of Appeal that: </p><p> &quot;The Federal High Court has no jurisdiction to entertain, determine and grant the relief, the Respondent claimed in paragraphs 1 and 2 of the Respondent&#x27;s claim either separately or in combination with the other aspects of the Respondent&#x27;s claim in other paragraphs notwithstanding the alleged violation of the fundamental rights guaranteed by section 33(1) of the Constitution.&quot;</p><p> the Respondent applied to the Court of Appeal by Notice of Motion (pursuant to section 18 Court of Appeal Act 1976 as amended) for an Order. </p><p> &quot;Directing a stay of its Order contained in its judgment dated 21st June, 1988 between the pa…</p>

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