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DOKUN AJAYI LABIYI V. ALHAJI MUSTAPHA MOBERUAGBA ANRETIOLA & ORS.

(1992) JELR 43109 (SC)

Supreme Court  •  SC.18/1990  •  2 Oct 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; PHILLIP NNAEMEKA-AGU JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

A. B. KARIBI WHYTE, J.S.C. (Delivering the Leading Judgment): The point of law involved in this appeal is a very short one. It is not new. It is however, a point of law of immense constitutional importance.

The point of law we are called upon to decide is whether the High Court can exercise jurisdiction to rule upon the effect of the provision of an Edict which is inconsistent with a provision of the Constitution of the Federal Republic. Appellant before us has contended that a Court has no jurisdiction to declare on the status of an Edict. The Respondent holds the contrary view that the Court is vested with jurisdiction to declare on the validity vel non of an Edict whose provision is inconsistent with provision of the Constitution.

Although the background facts leading to these contentions are not crucial to the determination of the issues involved, and the construction of the provisions, it will be somewhat helpful to State them in the elucidation of the issues.

The litigation aro…

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