ALHAJI A. G. ISHOLA-NOAH V. HIS EXCELLENCY THE BRITISH HIGH COMMISSIONER TO NIGERIA

FATAYI-WILLIAMS, CJN (Delivering the Lead Judgment): On 22nd September, 1980, this Court ruled that it has no original jurisdiction in an action brought by the plaintiff against the British High Commissioner in Nigeria, that the section is incompetent, and that it is null and void. The action was therefore dismissed. Exactly a month later, the same plaintiff has taken out an originating summons in which he asks for a declaratory judgment against the same British High Commissioner in Nigeria.

This, to my mind, is clearly an abuse of process of this Court since he must have known that this second action is still incompetent. It is my view, therefore, that the action should be dismissed again on the ground that this Court has no original jurisdiction to hear the case having regard to the provisions of section 212 of the Constitution of the Federal Republic of Nigeria, 1979, and to the fact that the National Assembly has not conferred any such jurisdiction on the Court pursuant to subsec…